
Gass. 



y 



SCHOOL LAWS OF IOWA 



FROM THE CODE 



WITH 



NOTES, FORMS AND DECISIONS 



FOR 



THE USE AND GOVERNMENT OF SCHOOL OFFICERS 



EDITION OF" 1897 



HENRY SABIN, 

Superintendent of Public Instruction. 



DES MOINES: 

F. R. CONAWAY. STATE PRINTER. 
1897. 






V 



Each school officer, upon the tErmination of his term of office, 

shall immediately surrender to his successor all books, papers and 

moneys pertaining or belonging to the office, taking a receipt there- 
for,- CODE, SECTION 2770, 



By transfer 

APR 10 1S09 



PREFACE. 



The sections of the school law in this volume are reprinted from 
the code in as nearly the same form as possible. They are supposed 
to contain all the enactments now in force referring directly to 
school matters. 

The annotations are intended to assist in understanding the mean- 
ing of the law. But it must not be presumed that these notes have 
in any proper sense the full force of law, except when they are 
based upon decisions of the courts or opinions from the attorney - 
general. In order to save room it seemed not always desirable to 
indicate such reference. 

The Iowa reports may be consulted at the courthouse in each 
county seat. The index to the school laws and the index to the 
appeal cases should prove helpful for reference. 

In practical operation and effect the new statutes should be con- 
sidered rather as a continuance and modification of old laws, than as 
the entire abrogation of the old, and the reenactment of a new law. 
In many provisions, the new law is almost a counterpart of the 
former law. However, there are several material changes. The 
omission of some particulars is significant as indicating the intent of 
the general assembly. Where the wording or spirit of the former 
law is changed, it is apparent that the new meaning will prevail. 

The following are a few of the important and valuable new pro- 
visions: The educational board of examiners will have power to 
grant a state certificate or a state diplcma to a person holding a 
diploma from a state normal school or a certificate of as high grade 
from another state. The board of examiners will also have power to 
issue a state certificate for primary teachers. The law requires that 
a county superintendent must hold a first class certificate, a state 
certificate, or a state diploma. County certificates will be separated 
into classes or grades under the discretion of county superintendents, 
as formerly. A provision is made for certificates for two years. At 
all meetings of the voters voting will be by ballot. The prob- 
ability of deadlocks is lessened by an odd number in many boards. 
In all independent districts except rural independent school districts 
the treasurer will be chosen by the electors. Districts having 
5,000 or more inhabitants may be divided into precincts for voting 
purposes. In all districts, contracts with teachers may be made 
only by the entire board. A majority vote of the board will expel 
from school. Contingent fund to the amount of $25 annualty for 



PREFACE. 



each school room may be used to purchase dictionaries, library- 
books, charts, and apparatus. Boards may contract for the trans- 
portation of children to and from school. The board has control 
of schoolhouses, subject to direction from the voters. Attendance in 
school townships is not governed necessarily by subdistrict lines, 
but the board determines the school that children shall attend. The 
course of study in graded or union schools must be approved by the 
superintendent of public instruction. The provisions for changes 
in boundaries and the restoration of territory are much simplified. 
In hearing appeals, witnesses may be subpoenaed, and provision is 
made by which the expenses will be paid. The costs must be entered 
up against those taking the appeal, if brought without reasonable 
cause, or if the appeal is not sustained. 

The necessary haste in which the Work was completed, as but 
little could be done by us until the code was in print, renders this 
compilation less complete than we would like. But it is hoped the 
volume will be found very helpful to the many officers so success- 
fully administering the school affairs of this state. 

October 1, 1897. Henry Sabin, 

Superintendent of Public Instruction. 



SCHOOL LAWS OF IOWA. 



OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Section 2621. Office — records — deputy. The superintendent 
of public instruction shall have an office in the capitol, in which 
shall be filed and kept separately all papers, reports and documents 
transmitted to him each year by the several county superintendents, 
and open to inspection by the governor or a committee of either 
house of the general assembly whenever required. He shall keep 
a record of all matters and things done in his office, which, together 
with all other papers and documents, at the conclusion of his term, 
shall be turned over to his successor. He may appoint a deputy, 
who shall qualify in like manner as his principal, and who, in the 
absence or inability of the superintendent, shall perform his duties. 
[C.73, §§ 766-7, 770, 1578; C. '51, §§ 416, 1078.] 

Sec. 2622. Duties — teachers' conventions and institutes. 
He shall be charged with the general supervision of all the county 
superintendents and the common schools of the state; may meet 
county superintendents in convention at such points in the state as 
may be most suitable for the purpose, at which proper steps may be 
taken looking toward securing a more uniform and efficient adminis- 
tration of the school laws. He shall appoint, upon the request of 
county superintendents, the time and place for holding teachers' 
institutes, such institutes to be called when it is probable that not 
less than twenty teachers will be present, and remain in session not 
less than six working days, of which time and place of meeting he 
shall give notice to the county superintendent of the proper county. 
He shall attend teachers' institutes thus called in the several coun- 
ties of the state, so far as consistent with his official duties, and 
assist in their management and instruction. [C. 73, §§ 1577, 1584; 
C'51, § 1080.] 

Sec. 2623. Opinions — appeals. He shall render opinions in 
writing upon request of any school officer regarding the school law 
its administration, and the duty of such officer, and shall determine 
all cases brought before him on appeal from the decisions of the 
county superintendents. [C.73, § 1577; C. '51, § 1080.] 

Sec. 2624. Publication of school laws. He shall every four 
years, if deemed necessary, cause to be printed and bound in cloth 
all school laws in force up to that time, with such notes, forms, rul- 
ings and decisions as may be of value in aid of school officers in the 

Section 2623. 1. It has been the custom for many years to answer all proper 
inquires, from whatever source, touching the construction and application of the 
school laws. 

2. As all correspondence of value must be filed for preservation, it is obvious 
that a request to return a letter with the reply, cannot be complied with. 



Q SCHOOL LAWS OF IOWA. 

proper discharge of their duties, reference being made to previous 
laws amended or changed, so as to indicate the effect of such amend- 
ment or change; one copy of which shall be sent to each county 
superintendent, and one to each district and independent district in 
the state, to be distributed by the several county superintendents. 
Volumes bound in paper covers shall be furnished to each school 
director, to be distributed by the county superintendent, which shall 
be turned over by the director to his successor in office. Should he 
deem it unnecessary at any time to prepare a volume as above pro- 
vided, the superintendent may cause to be published in pamphlet 
form such amendments to the school laws as have been passed by 
the general assembly, which shall be distributed in the manner 
and to the parties hereinbefore provided. He may subscribe for 
a sufficient number of copies of some educational school paper, 
printed and published in the state, to furnish one to each county 
superintendent; but no paper shall be selected which will not pub- 
lish each decision made by him relating to the school law, and which 
he may regard of general importance; and the certificate of having 
thus subscribed shall be sufficient authority for the auditor of state 
to issue his warrant upon the state treasurer for the amount of the 
subscription. [22 G. A., eh. 59; 18 G. A., ch. 150, §§ 1, 2; C.73, §§ 
1579, 1581.] 

Sec. 2625. Reports. He shall on the first day of January 
report to the auditor of state the number of persons in each county 
between the ages of five and twenty-one years, and biennially to 
the governor; which report shall contain a statement of the condi- 
tion of the common schools in the state, the number of school town- 
ships and districts therein, number of independent districts, number 
of teachers, number of schools, number of schoolhouses and value 
thereof, number of persons of school age, number of scholars in 
each county attending school the previous year, number of books in 
district libraries, the value of all apparatus in schools, and such 
other statistical information as may be of public importance, plans 
matured or adopted for the more perfect organization and efficiency 
of the common schools ; and any suggestions he may deem important, 
regarding further legislation, which will strengthen the common 
schools of the state. [22 G. A., ch. 82, § 29; C. 73, §§ 1582-3; C. '51, 
§ 1086.] 

Sec. 2626. Appropriations for institutes. To defray the 
expenses of county teachers' institutes, there is hereby appropri- 
ated out of any moneys in the state treasury not otherwise set apart 
a sum not to exceed fifty dollars annually for each institute held in 
each county, which sum the superintendent shall receive from the 
state treasurer, upon the warrant of the state auditor, to be issued 
to him upon his certificate; which amount, when drawn, shall be 
forthwith remitted to the proper county superintendent. If any 
balance remains of this sum after paying the expenses of the insti- 
tute, it shall be covered into the county treasury of the proper 
county and credited to the institute fund. [C'73, § 1584.] 

Sec. 2627. Salary and expenses. The salary of the superin- 
tendent of public instruction shall be twenty-two hundred dollars 
per annum, and that of his deputy fifteen hundred dollars, to be 
paid monthly upon the warrant of the state auditor, and, in addition 
thereto, the state superintendent shall receive two hundred and 

Section 2625. The word districts in line six means subdistricts. 



SCHOOL LAWS OF IOWA. 7 

fifty dollars annually, or so much thereof as may be necessary, to 
pay actual traveling expenses incurred in the performance of offi- 
cial duties, to be allowed upon an itemized and verified account filed 
with the state auditor, who shall draw his warrant upon the state 
treasurer for the amount allowed. [22 G. A., ch. 109, § 1; 21 G. A , 
ch. 118, § 5; 0.73, § 3760.] 



OF THE BOARD OF EDUCATIONAL EXAMINERS. 

Section 2628. Members. The educational board of examin- 
ers shall consist of the superintendent of public instruction, presi- 
dent of the university, principal of the normal school, and two per- 
sons to be appointed by the governor, one of whom shall be a 
woman, the appointees to hold office for a term of four years and be 
ineligible as his or her successor, the superintendent of public 
instruction to be by virtue of his office president of the board. [19 
G. A., ch. 167, § 1.] 

Sec. 2629. Meetings — examinations. The board shall meet 
for the transaction of business at such times and places as the pres- 
ident may direct, and shall annually hold at least two public exami- 
nations of teachers, at which one member of the board shall preside, 
assisted by not more than two qualified teachers to be selected by it. 
All examinations shall be conducted in accordance with rules and reg- 
ulations adopted by the board, not inconsistent with the laws of the 
state, and a record shall be kept of all of its proceedings. It may issue 
state certificates and state diplomas to such teachers as are found 
upon examination to possess a good moral character, thorough 
scholarship and knowledge of didactics, with successful experience 
in teaching. The examination for certificates and diplomas shall 
cover orthography, reading, writing, arithmetic, geography, Eng- 
lish grammar, bookkeeping, physiology, history of the United 
States, algebra, botany, natural philosophy, drawing, civil govern- 
ment, constitution and laws of the state, and didactics; those for 
diplomas, in addition to the foregoing, geometry, trigonometry, 
chemistry, zoology, geology, astronomy, political economy, rhetoric, 
English literature, general history, and such other studies as the 
board may require. [Same, §§ 2—4.] 

Sec. 2630. Certificates and diplomas. It may also issue such 
certificates to graduates of any state normal school in the state pos- 
sessed of like qualifications, upon proof of thirty-six weeks' success- 
ful experience in teaching, and a diploma when five years' such 
experience is shown. It may also, at discretion, issue a certificate 
or a diploma to any one holding a diploma issued by a state normal 
school, or a certificate issued by a state superintendent or a state 
board of education, of any other state, when the same is in all 
respects of as high a grade as the corresponding certificate or 
diploma issued in Iowa, upon proof of experience as herein pro- 
vided. It may also issue a certificate to any primary school teacher 
in the state of sufficient experience, and who shall pass such exami- 
nation as the board may designate in branches and methods which 
pertain especially to that kind of work. Such certificate shall be 
known as a primary teacher's certificate, and shall not be valid as a 



g SCHOOL LAWS OF IOWA. 

teacher's certificate for any other department. It shall keep a com- 
plete register of all persons to whom certificates or diplomas are 
issued. [23 G. A., ch. 22.] 

Sec. 2631. How long valid — revocation — fees. A state cer- 
tificate shall authorize the holder to teach in any public school in the 
state for five years thereafter, and a diploma shall confer such author- 
ity for life; but any certificate or diploma may be revoked by the board 
for sufficient cause, or such cause as would, if known at the time, 
have prevented issuance thereof, provided the holder of such cer- 
tificate or diploma shall have due notice, and shall be allowed to be 
present and make his defense. For each certificate issued the appli- 
cant shall pay three dollars, and for each diploma five dollars, which 
may be required before the examination is commenced. If the appli- 
cant fails in the examination, and the fees have been advanced, one- 
half of the sum shall be returned; all moneys obtained from this 
source to be paid into the state treasury. [19 G. A., ch. 167, §§ 5, 6.] 

Sec. 2632. Registration. Each holder of a state certificate or 
diploma shall register the same with the county superintendent of 
the county in which he or she is to teach, before entering upon the 
work, and the county superintendent, in his annual report to the 
superintendent of public instruction, shall include therein an account 
thereof. [Same, § 7.] 

Sec. 2633. Account of moneys. The board shall keep an 
accurate and detailed account of all money received and expended, 
which with a list of those receiving certificates or diplomas, shall be 
published by the superintendent of public instruction in his annual 
report. [Same, § 9. J 

Sec. 2634. Compensation. Each member of the board, and per- 
son appointed to assist in conducting examinations, shall receive for 
the time actually employed in such service his necessary expenses, 
and those not salaried officers shall be paid in addition three dollars 
a day, the amount to be certified by the superintendent of public 
instruction to the state auditor, who shall draw his warrant upon 
the state treasurer therefor; but the aggregate amount to be paid in 
any one year shal not exceed six hundred dollars. [25 G. A., ch. 36; 
19 G. A., ch. 167, § 8.] . 

Section 2631. The fact that a teacher holds a first class county certificate, a 
state certificate, or a state diploma, does not in any way exempt him from the same 
obligations imposed by the law upon other teachers. It is the duty of all teachers 
to attend the county normal institute and to support the county superintendent 
in all measures calculated to improve the schools and to advance the interests of 
education in the county. 

SECTION 2632. 1. The law requires every holder of a state diploma or state 
certificate to have the same registered in the office of the county superintendent, 
before commencing to teach in such county. No fee is required. The superin- 
tendent should insist on seeing some official statement of the board of examiners, 
and should make his record from such inspection. 

2. Holders of state certificates or diplomas are not exempt from reporting to 
the county superintendent, or complying in every respect with requirements made 
of other teachers, except as to examination for certificates. 



SCHOOL LAWS OF IOWA. 



OF THE NORMAL SCHOOL. 



Section 2675. Board of trustees — officers. The normal school 
at Cedar Palls, for the special instruction and training of teachers 
for the common schools, shall be under the management and control 
of a board of trustees, of which the superintendent of public instruc- 
tion shall be, by virtue of office, a member and president. It shall 
meet annually on or before June fifteenth, at the call of the presi- 
dent, and organize by the election of one of its members vice-presi- 
dent, and a secretary and treasurer, neither of the latter to be a 
member of the board. The treasurer shall give bond in the sum of 
twenty thousand dollars, with good and sufficient sureties, to be filed 
with and approved by the secretary of state, which bond shall be 
conditioned for the safe keeping and proper disbursement of all 
money coming into his hands by virtue of his office. [16 G. A., ch. 
129, §§ 1, 4.] 

Sec. 2676. Powers of board — admissions — fees. The board 
shall have power to employ a sufficient number of suitable and com- 
petent teachers and other assistants; fix their compensation; make 
all necessary rules and regulations for the management of the school, 
the admission of pupils from the several counties in the state, giving 
to each county its proper representation therein in proportion to the 
population thereof, and to all teachers in the state equal rights, 
requiring that each one received as a pupil shall furnish satisfactory 
evidence of good moral character and the honest intention of follow- 
ing the business of teaching school in the state; and make such 
arrangements as it may for the lodging and boarding of pupils, 
which shall be paid for by them. It may charge a fee for contin- 
gent expenses not to exceed one dollar monthly, and a tuition fee of 
not more than six dollars a term, if necessary for the proper support 
of the institution, and shall determine what part of the year the school 
shall be open, its sessions to continue, however, for at least twenty- 
six weeks of each year. [17 G. A., ch. 142, § 2; 16 G. A., ch. 129, § 5.] 

Sec. 2677. Brandies of study. Physiology and hygiene shall 
be included in the branches of study regularly taught to and studied 
by all pupils in the school, and special reference shall be made to 
the effect of alcoholic drinks, stimulants and narcotics upon the 
human system, and the board of trustees shall provide the means 
for the enforcement of the provisions of this section and see that 
they are obeyed. [21 G. A., ch. 1, § 1.] 

Sec. 2678. Contract •with, school districts. The board of 
trustees may contract with the board of directors of the school town- 
ship or independent district in which the school is situated, and 
those contiguous thereto, for a period not exceeding two years at a 
time, to receive the pupils thereof into the normal school and fur- 
nish them with instruction, payment therefor to be made out of the 
teachers' fund of such townships or districts, which shall not exceed 
fifty cents, weekly, for each pupil; the contract to be in writing, 
and a copy filed with the countv superintendent. [25 G. A., ch. 40, 
§§ 1-3-] 

Sec. 2679. Teachers' reports — tuition. If such a contract is 
entered into, all reports required by law to be made to the board of 
directors of such townships or districts and the county superin- 
tendent, by the teachers thereof, shall be made by the principal of 
the normal school, and all sums paid for tuition shall go to its con- 
tingent fund. [Same, §§ 3, 4.] 



10 SCHOOL LAWS OF IOWA. 

Sec. 2880. Report to governor. The board shall biennially, 
through its secretary, make a detailed report to the governor of its 
proceedings during the preceding two years, which report shall 
show the number of teachers employed, the compensation of each, 
the number of pupils and classification, an itemized statement of 
receipts and expenditures, and such further information with such 
recommendations as may be regarded important to the interests of 
the institution, and with reference to its connection with the educa- 
tional work of the state. [22 G. A., ch. 64, § 2; 16 G. A., ch. 129, § 9. J 

Sec. 2681. Compensation of officers. The secretary of the 
board shall receive such compensation as may be fixed by it, not 
exceeding one hundred dollars annually, with actual traveling 
expenses. The treasurer shall be allowed only his actual traveling 
expenses, the claim for which, as well as that of the secretary, to 
be itemized and verified before it is allowed and paid which shall 
be done out of the state treasury upon the warrant of the state 
auditor. [22 G. A., ch. 64, § 1; 16 G. A., ch. 129, § 2.] 

Sec. 2682, Appropriation. There is hereby appropriated the 
sum of seventeen thousand five hundred dollars annually as an 
endowment fund for the payment of the teachers of said normal 
school, and the further sum of three thousand dollars annually as a 
contingent fund therefor.- The amount herein appropriated shall be 
drawn and paid quarterly on the first days of March, June, Septem- 
ber and December, on the requisition of the board of trustees of the 
school. 



OP COUNTY HIGH SCHOOLS. 

Section 2728. How established. Any county may establish a 
high school in the following manner: When the board of super- 
visors shall be presented with a petition signed by one-third of the 
electors of the county as shown by the returns of the last preceding 
election, requesting the establishment of a county high school at a 
place in the county named therein, it shall submit the question at 
the next general election to be held in the county, or at a special 
one called for that purpose, first giving twenty days' notice thereof 
in one or more newspapers published in the county, if any be pub- 
lished therein, and by posting such notice, written or printed, in 
each township of the county, at which election the vote shall be by 
ballot, for or against establishing the high school, the vote to be 
canvassed in the same manner as that for county officers. Should 
a majority of all the votes cast upon the question be in favor of 
establishing such school, the board of supervisors shall at once 
appoint six trustees, residents of the county, not more than two 
from the same township, who, with the county superintendent of 
common schools as president, shall constitute a board of trustees 
for said high school. [0.73, §§ 1697-9, 1701.] 

Sec. 2729. Trustees — officers. The trustees, within ten days 
after appointment, shall qualify by taking the oath of civil officers, 
and giving bond in such sum as the board of supervisors may require, 
with sureties to be approved by it, and shall hold office until their 
successors are elected and qualified, who shall be elected at the gen- 
eral election following. The trustees, then elected, shall be divided 
into three classes of two each, and hold their office one, two and 
three years, respectively, their several terms to be decided by lot, 



SCHOOL LAWS OF IOWA. H 

and thereafter two trustees shall be annually elected, the trustees 
so elected to qualify in the same manner and at the same time as 
ether county officers and all vacancies occurring to be filled by 
appointment by the board of supervisors, the appointee to hold the 
office until the next general election, and a majority of which trus- 
tees shall constitute a quorum for the transaction of business. At 
the first meeting held in each year, the board shall appoint a secre- 
tary and treasurer from their own number, who shall perform the 
usual duties devolving upon like officers. The treasurer, in addition 
to his bond as trustee, shall give one as treasurer, in such sum and 
with such sureties as may be fixed by the board, and receive all 
moneys from all sources belonging to the funds of the school, and 
pay them out as directed by the board of trustees, upon orders 
drawn by the president and countersigned by the secretary; both of 
which officers shall keep an accurate account of all moneys received 
and paid out, and at the close of each year, and whenever required 
by the board, shall make a full itemized and detailed report. [C. '73, 
§§ 1699, 1700, 1704, 1711.] 

Sec. 2730. Site— tax. As soon as convenient after the organi- 
zation of the board, it shall proceed to select the best site that can 
be obtained without expense to the county, at the place named in 
the petition upon which the vote was taken, for the erection of the 
necessary school buildings, the title to be taken in the name of the 
county, and shall also make an estimate of the amount of funds 
needed for building purposes, the payment of teachers ' wages and 
contingent expenses, which shall be presented to the board of super- 
visors, with a certified estimate of the rate of tax required, which 
in no case shall exceed in any one year five mills on the dollar upon 
the taxable property of the county, and shall not exceed two mills 
on the dollar when the tax is levied for the payment of teachers' 
wages and contingent expenses only; the tax to be levied and 
collected in the same manner as other county taxes, and paid over 
by the county treasurer in the same manner as school funds are paid 
to district treasurers. [C'73, §§ 1702-3, 1705.] 

Sec. 2731. Buildings — management. As soon as it has pro- 
cured a building site and the board of supervisors has levied a tax 
for the purpose, it shall make such purchases of building material, 
and such contracts for the erection of school and appurtenant build- 
ings as may be necessary to effectuate the purposes of this chapter, 
but shall make no purchases, nor enter into any contracts in any 
year, in excess of the funds on hand and to be raised by the levy of 
that year. It shall employ, when suitable buildings have been fur- 
nished, a competent principal teacher to take charge of the school, 
and such assistant teachers as may be necessary, and fix the salaries 
to be paid them, and in the conduct of the school may employ 
advanced students to assist in the work. Annual reports shall be 
made hy the secretary to the board of supervisors, which report 
shall give the number of students, with the sex of each, who have 
been in attendance during the year, the branches taught, the text- 
books used, number of teachers, employed, salary paid to each, 
amount expended for library, apparatus, buildings, and all other 
expenses, the amount of funds on hand, debts contracted, and such 
other information as may be deemed important, and this report shall 
be printed in at least one newspaper in the county, if any is pub- 
lished therein, and a copy forwarded to the superintendent of public 



12 SCHOOL LAWS OF IOWA. 

instruction. And for their services the trustees shall each receive 
the sum of two dollars per day for the time actually employed in the 
discharge of official duties, claims for services to be presented, 
audited, and paid out of the county treasury, in the same manner as 
other accounts against the county. [C. 73, §§ 1705-6, 1710, 1712.] 

Sec. 2732. Regulations. The principal of any such high 
school, with the approval of the board of trustees, shall make such 
rules and regulations as is deemed proper in regard to the studies, 
conduct and government of the pupils; and any pupil who will not 
conform to and obey such rules may be suspended or expelled there- 
from by the board of trustees. [C73, § 1709.] 

Sec. 2733. Admission. Subject to such rules and regulations 
as may be adopted by the board of trustees in regard to age and 
grade of attainments necessary to entitle pupils to admission in the 
school, it shall be open to all persons in the county without charge 
for tuition. If at any time there shall be more applicants for admis- 
sion than may be accommodated, then each district in the county 
shall be entitled to representation proportioned to the number of 
pupils which such district may have, as shown by the last report to 
the county superintendent, and in all such cases the school boards 
of the respective districts shall designate the pupils that may attend. 
If the school shall not be filled by pupils from the county, others 
may be received, upon the payment of such sum by way of tuition 
as may be fixed by the board of trustees, but pupils so received shall 
not be allowed to continue in the school to the exclusion of any resi- 
dent of the county in which the school is situated. [C. '73, §§ 1707-8.] 



OF THE COUNTY SUPERINTENDENT. 

Section 2734. Qualifications — deputy. The county superin- 
tendent, who may be of either sex, shall be the holder of a first class 
or state certificate or diploma and, shall during his term be ineligi- 
ble to the office of school director or member of the board of super- 
visors. If for any cause he is unable to attend to his official duties, 
he may appoint a deputy, who may act in his stead, except in visit- 
ing schools and trying appeals. [16 G. A., ch. 136, § 2; C. '73, §§ 
1765, 1770; R., § 2069.] 

Sec. 2735. Duties — examinations. He shall at all times com- 
ply with the directions of the superintendent of public instruction in 
all matters within that officer 's jurisdiction, and serve as the organ of 
communication between him and school township, district or inde- 
pendent district authorities, and transmit to them or the teachers 
thereof all blanks, circulars or other communications designed for 
them. He may, at his discretion, visit the different schools in his 
county, and shall, upon the request of a majority of the directors of 

Section 2734. A deputy of the county superintendent may receive such a rea- 
sonable allowance for his services as the board of supervisors thinks best. The 
deputy must take the same oath as his principal, must give a bond, and both 
appointment and bond must be approved by the board of supervisors before the 
deputy may enter upon the duties of his office. Code, section 1186. 

Section 2735. 1. The county attorney is the legal adviser of the different 
county officers. He should be freely consulted on questions of law upon which 
the superintendent is in doubt. Section 2740. Code, section 302. 



SCHOOL LAWS OF IOWA 13 

any school township, district or independent district, visit any school 
therein, at least once during its term. On the last Friday and Sat- 
urday in each month, he shall meet and, with such assistants as he 
may select, examine all applicants for a teacher's certificate, and 
transact such other business as may come before him. Such exami- 
nation shall be held at the county seat in a suitable room, which 
shall be provided for that purpose by the board of supervisors. 
Special examinations may be held elsewhere in the county at the 
discretion of the county superintendent. Any school officer or other 
person may be present at any examination. [19 G. A., ch. 161, § 2; 
17 G. A., ch. 143; C.73, §§ 1766, 1768, 1774; R., §§ 2066, 2068, 2073; 
0/51, § 1148.] 

Sec. 2736. Subject. The examination shall include compe- 
tency in and ability to teach orthography, reading, writing, arith- 
metic, geography, grammar, history of the United States, and phys- 
iology and hygiene, which latter, in each division of the subject, 
shall include special reference to effects of alcohol, stimulants and 
narcotics upon the human system. Candidates for examination in 
special studies need be examined in such branches only; but no 

2. The superintendent in his visits should seek to aid, instruct, and inspire 
teachers to the employment of the best methods of teaching, governing-, and con- 
ducting their schools, and should try to secure the proper classification of scholars, 
the arrangement of courses of study, and the care and protection of school prop- 
erty. He should study to awaken among parents and children a deeper interest 
in the public schools, so as to secure improved attendance, deportment and 
scholarship, and induce more frequent visits of parents and school officers. A 
judicious visit from the superintendent may often infuse new life into the school. 

3. The couDty superintendent should carefully observe the condition of the 
schoolhouse and surroundings, note all defects, and at once notify the director or 
board of the same. 

4. There is no direct provision of law for paying the assistants whom the 
county superintendent may call to his aid in examinations. Section 2742 gives 
boards of supervisors power to allow the county superintendent additional com- 
pensation for this and any other proper purpose. 

5. Applications made at irregular times should be rejected, unless good 
reasons are given for not attending the regular examinations. The interests of 
the schools do not require frequent or individual examinations, and the time of 
the superintendent can be more profitably employed in other necessary duties. 

6. A certificate may not be issued upon an examination taken in another 
county. In addition to furnishing any credentials or other written evidence 
which the examiner may require, the applicant must appear in person. 

7. The examination may be taken in parts, at different times, and may be con- 
tinued until the record is made closing the examination. 

8. When the examination is completed, and the record made, a subsequent 
appearance of the same person must constitute him, in a legal sense, a new appli- 
cant. But until such record is closed, the county superintendent may keep in 
abeyance the matter of decision upon the applicant, and allow such applicant 
longer time and greater opportunities without requiring an additional payment. 

Section 2736. 1. Written examinations afford a good test of scholarship, and 
furnish the basis of a permanent record. The examination should be thorough, 
to determine the attainments of the applicant in the branches he is to teach. 

2. It is usually desirable that some work of every applicant shall be filed with 
the county superintendent, as a record which will serve to prove for the candi- 
date that he received his certificate upon merit. 



14 SCHOOL LAWS OF IOWA. 

special teacher shall be employed to teach any study not included 
in the certificate. A record shall be kept of all examinations made, 
and the names, ages and residence of the applicants, with the date and 
result thereof. [21 G. A., ch. 1, §§ 1, 3; 17 G. A., ch. 143; C. 73, §§ 
1766, 1768; R., §§ 2066, 2068; C. '51, § 1148.] 

Sec. 2737. Certificate — revocation. If the examination is 
satisfactory, and the applicant is of good moral character, of which 
fact the superintendent shall require proof unless he has a persona] 
knowledge thereof, and is in all other respects possessed of the nec- 
essary qualifications as an instructor, a certificate to that effect shall 
issue for a term not to exceed one year. But to applicants passing an 

3. Success in teaching the different branches may be best determined by 
actual observation of the teacher's work in his school. Quite often a searching 
and skillfully conducted oral examination in methods will test the applicant's 
ability to instruct. 

4. It is the intention of the law that the study of physiology and hygiene with 
special reference to the effects of alcoholic stimulants, narcotics, and poisonous 
substances, shall have at least equal rank with and be considered of as great 
importance as other branches of study. 

5. If it is desired that branches additional to those included in the usual 
certificate shall be taught, such fact should be mentioned as a part of the con- 
tract, and the teacher is required to have the certificate for such additional 
branch or branches, before beginning to teach. 

6. As no person may give instruction in any study for which such person does 
not hold a valid certificate, every certificate should not fail to enumerate tne 
branches or subjects which the holder is qualified to teach. 

7. The examination manuscripts of applicants are for the information and 
special use of the county superintendent and do not become a part of the public 
records of the office. Candidates may not demand, as a right, the privilege of 
inspecting their markings. Decisions, 42. 

8. The record required by this section should be carefully made, as the 
items form a part of the county superintendent's annual report to the superin- 
tendent of public instruction. 

Section 2737. 1. County superintendents should remember that they are to 
inquire, not only into the literary qualifications of the applicant, but they must 
.also certify that they are satisfied that the applicant possesses a good moral 
character, and the essential qualifications for governing and instructing children 
:and youth. Forms 1, 2, and 3. 

2. Scholarship, g-ood moral character, ability to govern, aptness to teach, our 
law requires all these qualifications in those to whom are intrusted the highest 
interests of the state, the education of its youth. 

3. Applicants may be required to present such evidences of good moral char- 
acter as the county superintendent shall demand. The superintendent should be 
fully satisfied in every particular mentioned in the law, before issuing the certifi- 
cate. Decisions, 42. Forms 1, 2, and 3. 

4. The examination papers of applicants for certificates and any testimonials 
with regard to the moral character of an applicant belong to the county superin- 
tendent individually and are for his guidance alone. They do not become a part 
of the official records of the county superintendent's office. Note 7 to section 2736. 

5. The county superintendent is sole judge of the manner and extent of the 
examination he will require of applicants for certificates to teach in his county. 
52 Iowa, 111. Decisions, 42. 

6. Unless the county superintendent is fully satisfied in all respects it is his 
plain duty to refuse to grant a certificate. The matter calls for the exercise of a 



SCHOOL LAWS OF IOWA. 15 

exa mi nation in the following additional branches: didactics, elemen- 
ary civics, elementary algebra, elements of physics, and elementary 
economics, a certificate shall issue for a term of two years, upon 
proof of thirty-six weeks' successful experience in teaching. A cer- 
tificate must be revoked at any time, for any cause which would 
have justified a refusal to grant the same, after an investigation of 
the facts, of which the teacher shall have personal notice and an 
opportunity to be present and make defense. The superintendent 
shall revoke the certificate of any teacher who shall fail or neglect 
to comply with the provisions of law relating to the teaching of 
physiology and hygiene, ard such teacher shall be disqualified for 

careful discretion, as the moral character of the teacher and his influence over 
his school is of greater importance than even his literary qualifications. 

7. As an almost exceptional responsibility is placed upon the county superin- 
tendent by the law, it is expected that an applicant for a certificate will comply 
cheerfully with all reasonable and uniform requirements, and that he will 
improve every opportunity to satisfy that officer as readily and fully as possible 
as to the character and essential qualifications of the applicant. A disposition 
to be mutually helpful will not fail to be an advantage to both the county superin- 
tendent and the teacher. 

8. There is no provision for the renewal or indorsement of a certificate. 

9. By section 2738 the institute fund is entitled to two dollars from every one 
receiving a two years' certificate, and one dollar from every other applicant. 

10. There is no provision of law for a so-called permit to teach. A county 
superintendent may give no other authority than a certificate. 

11. After ascertaining the general attainments of a teacher, inspection of his 
school work should determine largely the grade of certificate. 

12. A county superintendent is justified in refusing a certificate to an appli- 
cant who is in auy way physically disqualified to govern and instruct children 
and youth. 

13. For many years county superintendents have been limited as to the mini- 
mum age of those receiving certificates. The restriction gives quite universal 
satisfaction. It is believed that in general, boys under nineteen, and girls under 
seventeen years of age, may not be expected to possess that maturity of mind 
and strength of character needed to manage a school successfully, and to deter- 
mine wisely the many questions daily demanding an answer from the teacher. 

14. A county superintendent may fix a different minimum age not lower than 
that determined by the superintendent of public instruction, and may refuse to 
grant a certificate to any one below such minimum age. This regulation will, of 
course, refer to all applicants of a given class, in that county. 

15. The restriction regarding the minimum age of those who may receive 
certificates is binding alike on all county superintendents. To make an exception 
is partiality, besides being unfair to the very large number who cheerfully abide 
by the regulation. The rule may seem to apply with severity in some individual 
instances, but to conform to the requirement will save a county superintendent 
much subsequent difficulty. 

16. A county superintendent may not refuse a certificate for the single reason 
that the applicant did not attend the normal institute. But in estimating the 
qualifications of an applicant, the county superintendent may give such credit for 
attendance and good work done at the institute as seems to him best. 

17. It is an excellent practice to give credit for attendance and good work at 
the annual county institute. This credit may be given in the form of a special 
mention, or as an addition to the general average. 

18. Any plan that would seem to indicate detracting from the ability of the 
applicant is objectionable, but to magnify the value of presence and activity in 



16 SCHOOL LAWS OF IOWA. 

teaching in any public school for one year thereafter. [26 G. A., 
ch. 39; 21 G. A., ch. 1, § 3; C. 73, §§ 1767, 1771; R., §§ 2067, 2070.] 
Sec. 2738. Normal institute. The county superintendent 
shall hold, annually, a normal institute for the instruction of teach- 
ers and those who may desire to teach, and, with the concurrence of 
the superintendent of public instruction, procure such assistance as 
may be necessary to conduct the same, at such time as the schools 
in the county are generally closed. To defray the expenses of said 
institute, he shall require the payment of a registration fee of one 
dollar from each person attending the normal institutes, and the pay- 
ment in all cases of one dollar from every applicant for a certificate : 
provided that, if the applicant is granted a two-years' certificate, he 
shall pay one dollar additional. He shall monthly, and at the close 
of each institute, transmit to the county treasurer all moneys so 
received, including the state appropriation for institutes, to be desig- 
nated the "institute fund," together with a report of the name of 
each person so contributing, and the amount. The board of super- 
visors may appropriate out of the general fund such additional sum 

the work of the institute is to be commended. There is a very general sentiment 
favoring the employment of teachers who avail themselves of every such means 
of improvement and professional advancement. 

19. The certificate of the teacher may not be addressed to a particular board 
of directors, nor be confined in its application to one school or grade of schools. 
The teacher holding a certificate may be employed by any board of directors, and 
no board may discredit such certificate by refusing to accept it to the full extent 
to which it is valid. 

20. A teacher's certificate must be valid for any school in the county. A 
county superintendent may not specify in connection with a certificate issued 
what school the person shall teach. In general any condition imposed must 
apply also to every other applicant of the same class. 

21. The notice should contain an explicit statement of the charges against 
which the teacher is expected to make his defense. 

22. A copy of the revocation should be transmitted to the secretary of each 
district, and the secretary should immediately notify the board of the fact. The 
teacher should also be served with a copy. Form 4. 

23. Any person aggrieved by an action of the county superintendent in refus- 
ing to grant a certificate or in revoking the same, may apply to him for a rehear- 
ing, the proceedings to correspond as nearly as possible to the proceedings in the 
case of an appeal from a board of directors. If any party is aggrieved by the 
result of this investigation, an appeal may be taken therefrom to the superintend- 
ent of public instruction. 

24. Though an appeal will lie in such cases, the discretion of a county super- 
intendent in refusing or revoking a teacher's certificate will not be interfered with 
by the superintendent of public instruction, unless it is clearly shown that the 
county superintendent violated law or abused discretion. Decisions,. 42 and 70. 

25. The same weight which county superintendents are required to accord to 
discretionary acts of boards will be given by this department to the discretion of 
county superintendents in granting, refusing, or revoking certificates, and in 
granting or refusing to grant a rehearing in ordinary cases of appeal. Decisions, 58. 

Section 2738. 1. The normal institute must be held when the public schools 
are mostly closed. Section 2773 provides that no school may be in session during 
a teachers'institute, except by written permission of the county superintendent. 

2. County superintendents will determine the time and place, and suggest 
the narne9 of conductor and instructors for approval. Form 5. 



SCHOOL LAWS OF IOWA 17 

as it may find necessary for the further support of such institute. 
All disbursements of the institute fund shall be upon the order of 
the county superintendent, and no order shall be drawn except for 
bills presented to and approved by him for services rendered or 
expenses incurred in connection with the institute. [17 G. A., ch. 
54; 15 G. A., ch. 57: C. '73, § 1769.] 

Sec. 2739. Reports. The county superintendent shall annu- 
ally, on the first Tuesday in October, make a report to the superin- 
tendent of public instruction, giving a full abstract of the several 
reports made to him by the secretaries and treasurers of school 

3. The length of time during which the normal institute shall remain in ses- 
sion is left to the discretion of the county superintendent. This will depend 
largely upon the amount of the institute fund. 

4. Young and inexperienced teachers will not expect to receive certificates, 
unless of the lowest grade, without regularly attending the normal institute. By 
means of the large fund and the length of time this institute may remain in ses- 
sion, it can, if the proper means are employed, be rendered invaluable to teachers. 
The benefits they will receive should secure voluntary and general attendance. 

5. A conductor of successful experience in institute work, able to give plain, 
practical instruction in methods of school organization, government and teaching, 
should be secured early. The other instructors should be superior teachers of 
recent experience, and usually one or more lady teachers should be employed. 

6. County superintendents should have sufficient evidence of the abilities of 
their instructors before engaging them. In all cases where strangers are 
employed, references should be required, and inquiries made at the state depart- 
ment will frequently secure the proper knowledge. 

7. The superintendent should be director, assuming the general oversight 
and direction of the institute, but should not act as conductor. He is entitled to 
his per diem for any service in connection with the institute, as for other official 
duties, but receives no part of the institute fund. 

8. These normal institutes are short training schools, their object is to reach 
and correct the greatest defects found in the schools. The superintendent in 
visiting schools should seek to discover the most prominent defects and wants in 
the methods of instruction. The normal institute will afford effective means of 
reaching and correcting these faults. The great object is to instruct teachers 
how to teach children. 

9. In normal institutes, efficient and earnest instructors should be employed. 
Charts and other appliances should be amply provided. Physicians and scientists 
may be invited to lecture, and teachers should be exhorted to be sincere, fearless, 
and faithful in the discharge of their duty. 

10. It is apparent that the registration fee may not be collected from any one 
mot attending the normal institute. 

11. The reports and payments to the county treasurer should be made the first 
©f each month, and at the end of the institute. Forms 6, 7, 8, and 9. 

12. It is the duty of the board of supervisors, at the close of his term of office, 
to settle with the county superintendent, as with other county officers, according 
to the provisions of the law. 

Section 2739. 1. The blanks for the annual report of the county superin- 
tendent, together with instructions for making the report, are furnished by the 
superintendent of public instruction. 

2. The superintendent may test the accuracy of the treasurers' reports by 
consulting the books of the county treasurer. The amount of the several funds 
reported received from the district tax, also the amount received from the semi- 
annual apportionments, must agree with the county treasurer's receipts. 
2 



18 SCHOOL LAWS OF IOWA. 

boards, stating the manner in and extent to which the requirements 
of the law regarding instruction in physiology and hygiene are 
observed, and such other matters as he may be directed by the state 
superintendent to include therein, or he may think important in 
showing the actual condition of the schools in his county. At the 
same time, he shall file with the county auditor a statement of the 
number of persons of school age in each school township and inde- 
pendent district in the county. He shall also report, as provided by 
law, to the superintendent of the college for the blind, the name, 
age, residence and postoffi.ee address of every person, resident of 
the county, so blind as to be unable to acquire an education in the 
common schools; to the superintendent of the institution for the deaf 
and dumb, with the same detail, all persons of school age whose 
faculties in respect to hearing or speaking are so deficient as to pre- 
vent them from acquiring an education in such schools; and to the 
institution for the feeble minded, all persons of like age who, because 
of mental defects, are entitled to admission therein. [21 G. A., ch. 
1, § 2; C.73, §§ 1771, 1772; R., § 2070.] 

Sec. 2740. Enforcing laws. The county superintendent shall 
nee that all provisions of the school law, so far as it relates to the 
schools or school officers within his county, are observed and 
enforced, specially those relating to the fencing of schoolhouse 
grounds with barb wire, and the introduction and teaching of such 
divisions of physiology and hygiene as relate to the effects of alco- 
hol, stimulants and narcotics upon the human system, and to this 
end he may require the assistance of the county attorney, who shall 
at his request bring any action necessary to enforce the law or 
recover penalties incurred. [21 G. A., ch. 1, § 2; 20 G. A., ch. 103, § 2. j 

Sec. 2741. Penalty. Should he fail to mike the report herein 
required of him to the superintendent of public instruction or the 
county auditor, he shall forfeit to the school fund of his county the 
sum of fifty dollars, to be recovered in an action brought by the county 
for the use of the school fund, and in addition shall be liable for all 
damages occasioned thereby. [C.73, § 1773; R., § 2072.] 

Sec. 2742. Compensation. He shall receive four dollars per 
day for the time actually engaged in the performance of his duties, 
the expenses of necessary office stationery and postage, and those 
incurred in attendance upon meetings called by the superintendent 

3. All errors should be corrected. The amounts reported on hand in the last 
report from the district treasurer should the following year always be reported 
&e the amounts on hand at last report. 

4. The abstract of the enumeration of children in each district should be 
made with special care, complete and accurate, otherwise the county will not 
obtain its just proportion of the income of the permanent school fund. 

5. Should the district secretaries or treasurers fail to make their reports in 
time, the superintendent should take prompt measures to secure them, going after 
them if necessary. 

6. The blanks for the reports to the different institutions should be furnished 
by the superintendents in charge of such institutions. 

Section 2742. 1. The board of supervisors shall furnish the county superin- 
tendent with an office at the county seat, together with fuel, lights, blanks, books 
Bud stationery necessary and proper to enable him to discharge the duties of bis 
Office, but in no case shall such officer be permitted to occupy an office also occu- 
pied by a practicing attorney. Code, section 468. 



SCHOOL LAWS OP IOWA. . 19 

of public instruction; claims therefor to be mado by verified state- 
ments filed with the county auditor, who shall draw his warrant upon 
the county treasurer therefor; and the board of supervisors may 
allow him such further sum by way of compensation as may be just 
and proper. [19 G. A., ch. 161, § 1; C'73, § 1776; R., § 2074.] 

OF THE SYSTEM OF COMMON SCHOOLS. 

Section 2743. School districts — corporate powers. Each 
school district now existing shall continue a body politic as a school 
corporation, unless hereafter changed as provided by law, and as 
such may sue and be sued, hold property, and exercise all the pow- 
ers granted by law, and shall have exclusive jurisdiction in all 
school matters over the territory therein contained. [C. 73, §§ 1713, 
1716; R., §S 2022, 2026; C. '51, § 1108.] 

Sec. 2744. Names. District townships now existing shall 
hereafter be called school townships, subdivisions of which shall be 
called subdistricts. School corporations shall be designated as fol- 
lows: The school township of (naming civil township), in the county 
of (naming county), state of Iowa; or, the independent school dis- 
trict of (naming city or incorporated town, and if there are two or 
more districts therein, including some appropriate name or num- 
ber), in the county of (naming county), state of Iowa; or, the rural 
independent school district of (some appropriate name or number), 
township of (naming township), in the county of (naming county), 
ctate of Iowa. [C'73, § 1716; R., § 2026; C'51, § 110&] 

2. The board of supervisors may not limit the county superintendent as to the 
number of days he shall give to his work, in order to comply with his oath of 
office. Having filed his sworn statement in the form prescribed by the board, ho 
is entitled to his per diem for time actually employed. If he has filed a false 
statement he may be tried for maladministration in office. Code, section 1251. 

3. It is the intention of the law that each county superintendent shall deter- 
mine the time necessary to be employed in the duties of his office, and the division 
of labor to be made. Of course, specific duties are required, such as making cer- 
tain reports at times designated, visiting a school if requested by the board, and 
that he shall conform to instructions from the superintendent of public instruc- 
tion. But in general, he is to decide for himself, as indicated in his oath of office, 
what means will best advance the work in his county. 

Section 2743. 1. In boundaries, school townships usually coincide with civil 
townships. 

2. Section 3936, Code, provides that a municipal or political corporation shall 
not be garnished. However, the corporation may waive exemption from this 
process. 25 Iowa, 315. 

3. The policy of our law is, that the territory once organized for school pur- 
poses must always remain within some jurisdiction, and that it may not bfe 
detached from the jurisdiction to which it belongs without at the same tim^ 
becoming a separate jurisdiction or a part of another jurisdiction for school pur- 
poses. 82 Iowa, 10. Decisions, 28 and 57. 

Section 2744. 1. A subdistrict is not a corporation, and hence can neither 
hold property nor perform any corporate act. Decisions, 11. 

2. In suits, contracts, and conveyances, the corporate name should be strictly 
observed. 

3. At their annual meeting, the electors of any rural independent school dis- 
trict may vote by ballot to change the name of the district, and the board will b> 
guided by this expressed wish. 



20 SCHOOL LAWS OF IOWA. 

Sec. 2745. Directors. The affairs of each school corporation 
shall be conducted by a board of directors, the members of which in 
all independent school districts shall be chosen for a term of three 
years, and in all subdistricts of school townships for a term of one 
year. [26 G. A., ch. 40; 18 G. A., ch. 143; 17 G. A., ch. 113; 15 G. 
A., ch. 27; C. '73, § 1802; R., §§ 2099, 2100, 2106.] 

Sec. 2746. Annual meeting of corporation. A meeting of 
the voters of each school corporation shall be held annually on the 
second Monday in March for the transaction of the business thereof. 
Notice in writing of the place, day, and hours during which the 
meeting will be in session, specifying the number of directors to be 
elected, and the terms thereof, and such propositions as will be sub- 
mitted to and be determined by the voters, shall be posted by the 
secretary of the board in at least five public places in said corpora- 
tion, for not less than ten days next preceding the day of the meet- 
ing. The president and secretary of the board, with one of the 
directors, shall act as judges of the election. If any judge of elec- 
tion is absent at the organization of the meeting, the voters present 
shall appoint one of their number to act in his stead. The judges 
of election shall issue certificates to the directors elected. [19 G. 
A., ch. 51; 18 G. A., ch. 7, § 1; 18 G. A., ch. 63; C.73, §§ 1717, 1719; 
R., §§ 2027-8, 2031, 2033; C. '51, §§ nil, 1114-15.] 

Sec. 2747. Electors. To have the right to vote at a school 
meeting a person must have the same qualifications as for voting at 
a general election, and must be at the time an actual resident of the 
corporation or subdistrict. In any election hereafter held in any 
school corporation for the purpose of issuing bonds for school pur- 
poses or for increasing the tax levy, the right of any citizen to vote 
shall not be denied or abridged on account of sex, and women may 
vote at such elections the same as men, under the same restrictions 
and qualifications, so far as applicable. [25 G. A., ch. 39.] 

Section 2746. 1. The meeting cannot be adjourned to another day, and must- 
be held at the time and in the manner directed by the law. 

2. Ten days' previous notice should be given by the district secretary, but as 
the law fixes the day of the meeting, a failure to give full notice, or any notice at 
all, though a violation of law, will not invalidate the proceedings of the meeting, 
if one is held at the usual time and place. 10 Iowa, 212. Form 10. 

3. The president, and secretary, with a director, are the regular officers of 
this meeting, and should act as such if present. Form 12. 

4. It is essential that the secretary make a full and accurate record of the 
proceedings, which should be submitted to the president for his approval at the 
close of the meeting, and afterwards recorded in the district records. Form 11. 

5. In any district of 5,000 or more the polls must be open from nine A. M. to 
seven p. M.; in all independent school districts of less than 5,000, the polls must 
open atone P. M., and remain open at least five hours; in all other independent 
districts and in school townships the polls must open at one P. M., and remain 
open not less than two hours. Section 2754. 

Section 2747. 1. To be entitled to the right of suffrage a person must be a 
male citizen of the United State3, twenty-one years of age, a resident of the state 
six months next preceding the election, and of the county sixty days. Constitu- 
tion, article 2, section 1. 69 Iowa, 368 and 75 Iowa, 220. 

2. The declaration of intentions by one who expects to become fully natural- 
ized, does not entitle such person to vote. In some states this is a fact, but in 
Iowa what is called second papers must be taken out; that is, an elector must be 



SCHOOL LAWS OF IOWA. 21 

Sec. 2748. Officers — qualifications. A school officer or mem- 
ber of the board may be of either sex, and must at the time of elec- 
tion or appoi be a citizen and a resident of the corporation or 
subdistrict, and over twenty-one years of age, and, if a man, he must 
be a qualified voter of the corporation or subdistrict. [16 G. A., 
ch. 130. J 

Sec. 2749. Powers. The voters assembled at the annual meet- 
ing shall have power: 

1. To direct a change of text- books regularly adopted; 

2. To direct the sale or make other disposition of any school- 
house or site or other property belonging to the corporation, and 
the application to be made of the proceeds of such sale; 

3. To determine upon added branches that shall be taught, but 
Instruction in all branches except foreign languages shall be in 
English; 

4. To instruct the board that school buildings may or may not 
be used for meetings of public interest; 

5. To direct the transfer of any surplus in the schoolhouse fund 
to the teachers' or contingent fund; 

6. To authorize the board to obtain, at the expense of the cor- 
poration, roads for proper access to its schoolhouses; 

7. To vote a schoolhouse tax, not exceeding ten mills on the 
dollar in any one year, for the purchase of grounds, construction of 
schoolhouses, the payment of debts contracted for the erection of 
schoolhouses, not including interest on bonds, procuring libraries 
for and opening roads to schoolhouses. 

The board may, or, upon the written request of five voters of any 
rural independent district, or of ten voters of any school township, 
or of twenty -five voters of any city or town independent district 
having a population of five thousand or less, or of fifty voters of 
any other city or town independent district, shall, provide in the 
notice for the annual meeting for submitting any proposition 
authorized by law to the voters. All propositions shall be voted 
upon by ballot in substantially the following form: "Shall a change 
of text-books be directed?" (or other question as the case may be); 

either a native born citizen, or a naturalized citizen, must be a male, and not dis- 
franchised in any way mentioned by the law. 

3. The law confers upon women the right to vote upon only the matters dis- 
tinctly mentioned. They may participate in a vote on issuing bonds for school 
purposes, or a vote for the purpose of increasing the tax levy. But they may not 
vote for members of the board nor upon any other matter than as mentioned. 

4. A separate ballot box must be provided for the ballots cast by women, and 
a separate canvass made of their votes. Code, section 1131. 

Section 2748. 1. No person shall be deemed ineligible by reason of sex, to 
any school office. 

2. A person cannot remain an officer or member of the board and reside in 
another district, even though in the same civil township. 

Section 2749. 1. The voters have only such powers as are conferred by the 
statute, either expressly or by reasonable implication. 

2. The voters of any district when assembled at their annual meeting may 
direct that a schoolhouse or the schoolhouse grounds not needed for public school 
purposes may be rented, leased, or the use thereof granted, for any purpose that 
ivill not interfere with the subsequent use or value of such schoolhouse property 
for public school purposes. 



22 SCHOOL LAWS OF IOWA. 

and the voter shall designate his vote by writing the word "yes" or 
"no" in an appropriate place on the ballot. [21 G. A., ch. 131, § 1; 
19 G. A., ch. 51; 18 G. A., ch. 63; C.73, §§ 1717, 1807; R, §§ 2027-8, 
2033; C51, §§ 1114, 1115.] 

3. The voters may exercise their right to dispose of schoolhouse property 
only when assembled at their annual meeting on the second Monday in Marck, 
or at a special meeting called under section 2750. They may not exercise this 
right at a special meeting called to vote bonds. 

4. Schoolhouses cannot be sold without previous direction of the voters, but 
their action in voting a tax for the erection of a new schoolhouse on the old sit© 
give3 the board authority to remove or dispose of the old house. 

5. The voters have no authority to instruct the board to loan money belong- 
ing to the district, nor to order money invested in government bonds. 

6. The general statement is that when an amount has been voted for a specific 
purpose, the parties directly interested thereby acquire a vested right in such 
money appropriated, of which they may not be deprived, even by the voters. 50 
Iowa, 648. 

7. The only change of money from one fund to another possible under the law 
is the transfer of schoolhouse funds to either of the other funds. 

8. If the voters direct that any additional branches shall be taught in one or 
all of the schools, their action is mandatory, and the board is bound to endeavor 
in good faith to fulfill such wish. 

9. The voters may not limit or restrict the board to the adoption of a course 
of study including only such branches as the voters may name. Nor may the 
voters direct that a particular branch, or certain studies, shall not be taught. It 
is the province of the board to decide what branches besides those named by the 
voters shall be included in the course of study and taught in the schools. 

10. The voters have no power to prohibit any branch being taught, if intro- 
duced by the board, neither has the board power to prevent the teaching of any 
study which the voters have directed shall be taught. 

11. Ail schoolhouse taxes must be voted by the voters of the corporation, or 
of the snbdistrict; this power cannot be delegated to the board. 

12. The specific sum of money deemed necessary, and not a certain number 
of mills on the dollar, should be voted, except when a district lies in two counties. 
The percentum necessary to raise this sum is determined by the board of super- 
visors. 

13. The power to vote schoolhouse taxes belongs exclusively to the voters. 
The sums necessary for the teachers' and contingent funds are determined by the 
board. Section 2806. 

14. It is within the power of the voters when assembled at their annual meet- 
ing to direct that the board shall build a cave near any schoolhouse. 

15. Failing to carry out instructions from this meeting, the board may be 
compelled by mandamus to show reason why the expressed wish of the voters haa 
not been complied with. Decisions, 17. 

16. A vote upon matters which by the law are to be determined by the board, 
is not binding upon the board, but is only suggestive. In such matters, the board 
will still be left free to exercise the discretion vested in.it by the law. 

17. In order that action may be taken at an annual meeting, it is not essential 
that notice shall be given that such a matter will be presented at the meeting. 
When assembled, the voters have power to transact any business which may come 
before them under the law. 

18. A subdistrict has no legal claim upon schoolhouse property, although in 
equity a tax voted to build in a certain subdistrict must be expended as voted, 
and v#hen a schoolhouse has been built or repaired from schoolhouse funds raised 



SCHOOL LAWS OF IOWA. 23 

Sec. 2750. Special meeting. The board of directors may call 
a special meeting 1 of the voters of any school corporation by giving 
notice in the same manner as for the annual meeting, whenever the 
corporation has lost the use of a schoolhouse bjr lire or otherwise, 
which shall have the powers given to a regular meeting with refer- 
ence to the sale of school property and the application to be made 
of the proceeds, and to vote a schoolhouse tax for the purchase of a 
site and the construction of a necessary schoolhouse, and for obtain- 
ing roads thereto. [24 G. A., ch. 21; 18 G. A., ch. 84.] 

Sec 2751. Subdistrict meeting. The meeting of the voters 
of each subdistrict of a school township shall be held annually on 
the first Monday in March, and shall not organize earlier than nine 
o'clock a. m., nor adjourn before twelve o'clock M. Notice in writ- 
ing of the time and place of such meeting and the amount of school- 
house tax to be voted shall be given by its director, or if there is 
none by the school township secretary, by posting in three public 
places in the subdistrict for five days next preceding the same. The 
voters shall select a chairman and secretary of the meeting who 
shall act as judges of election, and shall also elect a director for the 
subdistrict by ballot. The vote shall be canvassed by the judges of 
election, and the person receiving the highest vote shall be declared 
elected. [22 G. A., ch. 51; 18 G. A., ch. 7, § 1; C. 73, §§ 1718-19, 
1789; R., §§ 2030-1; C.'51, § 1111.] 

upon that subdistrict alone, even the voters should recognize the vested right of 
the subdistrict to retain such property and to enjoy its use. 

19. If it is desired to move the schoolhouse out of the subdistrict the voters 
of the school township must first so order at the annual meeting. Decisions, 13. 

20. It is the exclusive province of the courts to determine questions with 
relation to any vote at a school meeting, or with relation to the choice of members 
of the board or of officers of the board. Notes 12 to 16 inclusive, to section 2758. 

Section 2751. 1. The object is to prevent a few designing persons from meet- 
ing at an unusual hour, dispatching the business with unseemly haste, and 
adjourning before many of the electors arrive. The meeting should be conducted 
with entire fairness, and an opportunity given for an expression of the real senti- 
ment of the subdistrict. 

2. The law contemplates a continuous session of at least three hours. 

3. If subdistrict boundaries are in controversy by way of appeal, the election 
for directors should be made on the basis of the status of the subdistricts on the 
day of election. 

4. In case there is no director, the above notice must be given by the secre- 
tary of the school township. It must be posted five days previous to the meeting, 
in at least three public places in the subdistrict. The notice should designate 
the hour of meeting, which cannot be earlier than 9 o'clock A. M. Form 13. 

5. Even if the notice of the meeting required by the law has not been given, 
the voters are not released from their duty to hold the subdistrict meeting at the 
usual time and place. When they are assembled it may be found that important 
business will be brought before them. 

6. This section clearly provides how a tie vote shall be decided. If more than 
two persons have each an equal number of votes, the same rule will apply. 

7. The chairman and the secretary are not required to qualify. 

8. A judge of election is entitled to his vote as much as any other elector. 

9. No minor, nonresident, nor alien can take part in a meeting of voters. 

10. If the voters desire to hold a caucus, it should be done before the subdis^ 
trict meeting is called to order. 



24 SCHOOL LAWS OF IOWA. 

Sec. 2752. Number of directors. The board of directors of 
a school township shall be composed of one director from each sub- 
district. But when there are only two subdistricts a third director 
shall be elected at large by all the voters of the school township. 
)Vhen the school township is not divided into subdistricts, a board 
of three directors shall be elected at large, on the second Monday 
in March, by all the voters of the school township. [15 G. A., ch. 
27; C.73, §§ 1720-1; R., §§ 2031, 2035, 2075-6; C. '51, §§ 1112, 1721.] 

Sec. 2753. Special schoolhouse tax. At the annual sub- 
district meeting, or at a special meeting called for that purpose, the 
voters may vote to raise a greater amount of schoolhouse tax than 
that voted by the voters of the school township, ten days' previous 
notice having been given, but the amount so voted, including the 
amount voted by the school township, shall not exceed in the aggre- 
gate the sum of fifteen mills on the dollar. The sum thus voted 
shall be certified forthwith by the secretary of said subdistrict meet- 
ing to the secretary of the school township, and shall be levied by 
the board of supervisors only on the property within the subdistrict. 
[C.73, § 1778; R., §§ 2033-4, 2037, 2088.] 

Sec. 2754. Elections in independent districts — tie vote. 
At the annual meeting in all independent districts members of the 
board shall be chosen by ballot. In any district including all or 
part of a city of the first class, or a city under special charter, the 
board shall consist of seven members, three of whom shall be chosen 
on the second Monday in March, 1898, two on the second Monday in 

11. The selection of a director should be a matter of great care. As he may 
receive no compensation from the district, he should be a person whose interest 
v.-ill lead him to be a frequent visitor of the school, and who will see that the 
schoolhouse is provided with all that will add to the comfort of the teacher and 
scholars and promote the highest welfare of the school. 

12. A member or officer of the board must have the qualifications of an elector, 
If a male, but no person is ineligible to any school office by reason of sex. 

13. The polls for the election of a director for the subdistrict must be kept 
open at least two hours. Section 2754. 

14. Only one ballot may be taken for the election of director, and the person 
receiving the greatest number of votes is elected, even though he has not 
received a majority of all the votes cast. 

15. Persons elected subdirectors in March, 1896, for three years, will hold as 
directors until their term of office expires, in March, 1899. 

16. The school township may simply be requested, by the voters of the sub- 
district, to build a schoolhouse, without asking for a definite amount of money. 

17. The subdistrict voters may vote a tax for schoolhouse purposes and certify 
fche same to the school township meeting. Form 14. Whatever portion of this 
3um the township voters vote will be levied upon the entire school township. 

Section 2752. The board of a school township cannot consist of less than 
ihree members. If there are two subdistricts, the director from the school town- 
ship at large should be voted for at both meetings, and to avoid confusion, tickets 
should specify: For director, A. B.; for director at large, C. D. 

Section 2753. The vote should be certified to the secretary of the school 
township. Forms 14 and 16. 

Section 2754. 1. Any election by the people must be held on the day desig- 
nated, and officers must be elected by a single ballot. 

2. The practice of taking an informal ballot for the purpose of placing persons 
in nomination is not to be commended. Such nominations should be made outside 
the meeting, or at least before the meeting is organized. 



SCHOOL LAWS OF IOWA. 25 

March, 1899, and two on the second Monday in March, 1900. In all 
other independent city or incorporated town districts the board shall 
consist of live members, one of whom shall be chosen on the second 
Monday in March, 1898, two on the second Monday in March, 1899, 
and two on the second Monday in March, 1900. In all rural inde- 
pendent districts the board shall consist of three members, one of 
whom shall be chosen on the second Monday in March, 1898, and 
one each year thereafter. In districts composed in whole or in part 
of cities or incorporated towns, a treasurer shall be chosen in like 
manner, whose term shall begin on the third Monday in March and 
continue for one year, or until his successor is elected and qualified. 
The term of office of the incumbent treasurer in said districts shall 
expire on the third Monday in March, 1898. In such districts th« 
polls must remain open not less than five hours, and in rural inde- 
pendent districts and school townships not less than two hours. In 
each case the polls shall open at one o'clock P. M., except as pro- 
vided in section twenty-seven hundred and fifty-six of this chapter. 
A tie vote for any elective school office shall be publicly determined 
by lot forthwith, under the direction of the judges. [22 G. A., ch. 
61; 18 G. A., ch. 7, § 2; C.73, §§ 1789, 1808.] 

Sec. 2755. Election precincts — register of voters — notice. 
Each school corporation having five thousand or more inhabitants 
may be divided into not more than five precincts, in each of which a 
poll shall be held at a convenient place, fixed by the board of direct- 
ors, for the reception of the ballots of voters residing in such pre- 
cinct. A separate register of the voters of each precinct shall be 
prepared by the board from the register of the electors of any city 
included within such school corporation, and for that purpose a copy 
of such register of electors shall be furnished by the clerk of the 
city to the board of directors. Before each annual meeting these 
registers shall be revised and corrected by comparison with the last 
register of elections of such cities, and shall have the same force 
and effect at school meetings held under this section, in respect to 
the reception of votes thereat, as the register of election has by law 
at general elections; but nothing in this section shall be construed 
to prohibit women from voting at all elections at which they are 
entitled to vote. The secretary must post a notice of the meeting 
in a public place in each precinct at least ten days before the meet- 
ing, and by publication for two weeks preceding the same in some 
newspaper published in the corporation, such notice to state the 
time, respective voting precincts and the polling place in each pre- 
cinct, and also to specify what questions authorized by law, in addi- 
tion to the election of director or directors, shall be voted upon and 

3. In all cases, it would be well for the ballot to state the term voted for, in 
connection with the name of the person. 

4. All vacancies should also be filled by election, and the ballot should desig- 
nate the vacancy to be filled, and the persons so elected hold for the remainder 
of the unexpired term. 

5. This section clearly provides how a tie vote shall be decided. If more than 
two persons have each an equal number of votes, the same rule governs. 

6. There is no provision of law by which judges at school elections may 
receive pay. Note to section 2756. 

Section 2755. No registration of voters shall be required for school elections, 
except as provided in this section. Code, section 1078. 



26 SCHOOL LAWS OF IOWA. 

determined by the voters of the several precincts. [18 G. A. , ch. 8 } 

§§ 1-4.] 

Sec. 2756. Conduct of elections. As judges of the election 
referred to in the preceding section, the board shall appoint one of 
its number and two voters of the precinct, one of whom shall act as 
clerk, who shall be sworn as provided in case of a general election. 
If any person so appointed fails to attend, the judge or judges 
attending shall fill the place by the appointment of any voter pres- 
ent, and like action shall follow a refusal to serve or to be sworn. 
Should all of the appointees fail to attend, their places shall be 
filled by the voters from those in attendance. The board shall pro- 
vide the necessary ballot box and poll-book for each precinct, and the 
judges shall make and certify a return to the secretary of the cor- 
poration of the canvass of the votes for office and upon each question 
submitted. On the next Monday after the meeting the board shall 
canvass the returns made to the secretary, ascertain the result of the 
voting with regard to every matter voted upon, declare the same, 
cause a record to be made thereof, and at once issue a certificate to 
each person elected. At all meetings held under this and the next 
preceding section, the polls shall be kept open from nine o'clock a. 
m. until seven o'clock p. m. [Same, §§ 5, 6.] 

Sec. 2757. Meetings of directors — election of officers. The 
board of directors shall meet on the third Monday in March and 
September, and may hold such special meetings as may be fixed by 
the board or called by the president, or the secretary upon the writ- 
ten request of a majority of the board, upon notice specifying the 
time and place, delivered to each member in person, but attendance 
shall be a waiver of notice. Such meetings shall be held at any 
place within the civil township in which the corporation is situated. 
At the regular March meeting the board shall organize by the elec- 
tion of a president from its members, w,ho shall be entitled to vote as 
a member. At the regular September meeting it shall elect from 
outside the board a secretary and a treasurer, except as provided in 
section twenty-seven hundred and fifty-four of this chapter, but in 
independent districts no teacher or other employe of the board shall 

Section 2756. There is no provision for paying- a judge or a clerk at a school 
election, nor may any other expense of such election be paid from school funds, 
except that a ballot box and the necessary poll-book shall be provided in each 
precinct of districts having 5,000 and over. 

Section 2757. 1. It is quite customary for the outgoing board to meet on 
the third Monday in March and complete all its work, and for the new board to 
organize immediately thereafter. The legality or propriety of such action ha9 
never been questioned. 

2. If the president is unwilling to call a special meeting in compliance with a 
request from members, then a majority of the board may cause a notice of the 
meeting to be given, signed by the members who desire to have the meeting 
called, which written notice should be by the secretary handed to each member 
of the board and to the president. 

3. As the law is silent with regard to the length of time notice should be 
given before the time of meeting, it is taken for granted the law intends that a 
reasonable notice as to time shall be given. What such reasonable notice is must 
be determined for each locality by the conditions. 

4. If a school officer habitually or wilfully neglects his duty, and the public 
good suffers by such negligence, a court may compel him to attend to the neces- 
sary duties of his office or to resign. 50 Iowa, 648. 



SCHOOL LAWS OF IOWA. 27 

be eligible as secretary. Upon the organization of any corporation 
the board shall elect a secretary to hold until the September meeting 
following. All such officers shall be elected by ballot, and the vote 
shall be recorded by the secretary. [18 G. A., ch. 176; 15 G. A., ch. 
27; C.73, §§ 1721-2; R., §§ 2085-6, 2070; C. '51, § 1721.] 

Sec. 2758. Qualification of directors — vacancies. Any mem- 
ber of the board may administer the oath of qualification to any 
member elect, and to the president of the board. Each director 
shall qualify on or before the third Monday in March by taking an 
oath to support the constitution of the United States and that of the 
state of Iowa, and that he will faithfully discharge the duties of his 
office; and shall hold the office for the term to which he is elected, 
and until a successor is elected and qualified. In case of a vacancy, 
the office shall be filled by appointment by the board until the next 
annual meeting. [C.73, §§ 1752, 1790; R., S§ 2032, 2079; C'51, §§ 
1113, 1120.] 

5. This section authorizes boards to hold meetings in any district within th& 
same civil township. 

6. There is no provision of law that will prevent a board from transacting 
business upon any other day except Sunday. 

7. If the board fails to elect a president, a secretary, or a treasurer, upon the 
day fired by law or at a meeting adjourned from that day to a day certain, then 
the incumbent may qualify anew and hold the office for another year. 75 Iowa, 
196. But in order that a president may thus hold over, his term as a member of 
the board must also continue. 

8. No person may hold two offices of the board at the same time. 

9. No one may be compelled to qualify as a member or officer of the board. 

10. Any duty imposed upon the board as a body must be performed at a regu- 
lar or special: meeting, and made a matter of record. 47 Iowa, 11. 

11. The consent of the board to any particular measure, obtained of individual 
members when not in session, is not the act of the board, and is not binding upon 
the district. 67 Iowa, 164. 

12. The board may receive and act upon communications from persons selected 
outside the board to report upon matters referred to such persons as a committee. 

13. An official trust cannot be delegated. Neither the board nor any member 
may appoint a substitute to perform the official duties of a member or of the board. 

14. Where the law requires a certain duty to be performed by the board upon 
a fixed day, and does not expressly forbid its performance later than the date 
mentioned in the law, as for instance the election of a secretary and a treasurer, 
an adjournment of the meeting to another fixed date will allow the transaction of 
the business directed to be done on the day of the regular meeting. 75 Iowa, 196. 

Section 2758. 1. Any school director is authorized to administer to a school 
director elect the official oath required by law, but the secretary cannot admin- 
ister this oath unless he is one of the many officers empowered by law to adminis- 
ter oaths. 

2. The president of the board must take the oath of office according to arti- 
cle 11, section 5, of the constitution of Iowa. 

, 3. A director elect may take the oath of qualification at any time between 
the day of election and the close of the third Monday in March. 53 Iowa, 687. 

4. In case a director elect fails to qualify by the close of the third Monday in 
March, the incumbent may continue in office and should qualify anew. Codo, 
section 1265. 

5. If a person is elected as his own successor and fails to qualify on or before 
the third Monday in March, a vacancy exists which is filled by appointment. 



28 SCHOOL LAWS OF IOWA. 

Sec. 2759. President — employment of counsel. The presi- 
dent of the board of directors shall preside at all of its meetings, sign 
all warrants and drafts, respectively, drawn upon the county treas- 
urer for money apportioned and taxes collected and belonging to his 
school corporation, and all orders on the treasurer drawn as pro- 
vided by law, sign all contracts made by the board, and appear in 
behalf of his corporation in all actions brought by or against it, 
unless individually a party, in which case this duty shall be per- 
formed by the secretary. In all cases where actions may be insti- 
tuted by or against any school officer to enforce any provision of 
law, the board may employ counsel, for wlr>h the school corporation 
shall be liable. [19 G. A., ch. 46; C. 73, §§ 1739-40; R., §§ '2039-40; 
C'51, §§ 1122-3, 1125.] 

6. A person appointed as a member of the board is required to qualify within 
ben days. Code, section 1275. 

7. A director continues in office until a successor is elected and qualified, 
whether chosen by the electors or appointed by the board. 

8. Failure to appear at the meeting of the board on the third Monday in 
March will not prevent a qualification being valid if the member elect takes 
tihe oath of office before the close of the third Monday in March. 

9. When a director is chosen by vote of the electors he is elected for a full 
term, or to fill the remainder of an unexpired term. Sections 1276 and 1277. 

10. When an election is contested, the person elected shall have ten days in 
which to qualify, after the date of the decision. Code, section 1177. 

11. All persons appointed to fill vacancies in office hold until the next meeting 
of the electors. Constitution of Iowa, article 11, section 6. Code, section 1276. 

12. The failure or refusal of the proper officers to issue a certificate to a person 
duly elected, cannot operate to deprive such person of his rights. The certificate 
or commission is the best, but not the only evidence of an election, and if that be 
refused secondary evidence is admissible. McCrary on Elections, section 171. 
Decisions, 8. 

13. The right or title to hold office cannot be determined by an appeal to the 
county superintendent. The proper remedy for any person aggrieved by the 
action of the board relating thereto is a petition to the district court. Code, 
sections 4313-4320. Decisions, 8 and 23. 

14. It is the exclusive province of the courts to determine questions with 
relation to any vote of a school meeting, or with relation to the choice of mem- 
bers of the board or of officers of the board. 

15. There can be no doubt that school officers should not express an official 
opinion upon matters entirely outside of their jurisdiction. Upon these subjects 
It is therefore useless to expect county superintendents, or this department, to 
give any other than general L. "jrmation, such as is presumably already within 
thu knowledge of those applying. 

16. While a board may use its own judgment as to who shall or who shall not 
be received as a member of the board, any one aggrieved has his remedy through 
fche courts; that is, the membership of the board is not finally determined by any 
fiction of the board. 

Section 2759. 1. A president whose term as director has expired may take 
[\o further part in the board, even though a new president has not been chosen. 

2. The president has the right to vote on all questions comir^ before the 
board. If by such vote a tie is produced, the motion is lost. Section 2757. 

S y When the board is without a president, a temporary president may be 
appointed, who during the time he is acting as president, may sign orders and 
contracts and do all other acts proper to be done by the president, but he is 
not authorized to act except when the board is in session. 



SCHOOL LAWS OF IOWA. 29 

Sec. 2760. Bonds of secretary and treasurer. The secretary 
and treasurer shall each give bond to the school corporation in such 
penalty as the board may require, and with sureties to be approved 
by it, which bond shall be filed with the president, conditioned for 
the faithful performance of his official duties, but in no case less 
than five hundred dollars. Each shall take the oath required of 
civil officers, which shall be indorsed upon the bond, and shall com- 
plete his qualification within ten days. In case of a breach of the 
bond, the president shall bring action thereon in the name of the 

4. The secretary is the custodian of the order book. He fills out the orders., 
which the president afterward signs. 

5. To be valid, an order must express upon its face the fund on which it is 
drawn, and name the purpose for which it was issued. Section 2762. 

6. An order of the board cannot be considered as officially transmitted, unless 
signed by the president, as well as by the secretary. 

7. The failure of an officer to attach his official title to his signature will not 
affect the instrument so far as the district is concerned, provided the writing was 
authorized, and made for the district, and this fact can be shown. 7 Iowa, 509. 
and 11 Iowa, 82. 

8. Unless the fact that official approval was authorized can be shown, personal 
liability may follow. 59 Iowa, 696. 

9. An order on the treasurer may be signed only by authority of the board. 

10. The expenses in suits provided for by this section should be paid from tht? 
contingent fund. 

11. Appeals to the county superintendent or superintendent of public instruc- 
tion, are not suits brought by or against the district, nor are they suits brought 
by or against any of the school officers, within the meaning of the law, and no 
charge can be made against the district for attorney fees. 

12. The president does not have authority to bring suits in the name of the 
corporation on his own motion. 85 Iowa, 387. 

13. Service of notice may be made on either the president or the secretary. 
Code, section 3531. 

Section 2760. 1. The law requires all official bonds to be secured by at least 
two sureties who are freeholders, and whose aggregate property is double the 
amount of the bond, the oath of office to be subscribed on the back of the bond, or 
attached thereto, and the sureties to make affidavit that they are worth the amount 
named. Form 17. 

2. At least two sureties are required, who must be resident freeholders of this 
state, and each of whom must make an affidavit as surety. Code, sections 358 and 
359. Both the principal and sureties must qualify before some one empowered to 
administer oaths. 

3. If the treasurer continues in office by reason of failure to elect a successor, 
his bond should be renewed and he should produce and account for the funds in 
his hands, and the statement of such settlement should be indorsed on his me*/ 
bond. Code, section 1193. 

4. As the bonds of the secretary and treasurer must be approved by the board, 
no member should become surety for one of these officers. 

5. Any officer whose duty it is to give bonds for the proper discharge of thfe 
duties of his office, and who neglects so to do, is guilty of a misdemeanor, and is 
liable to a fine. Code, section 1197. 

6. A board approving bonds known to be insufficient, does not discharge the 
duty incumbent upon it, and is liable on a charge of misdemeanor. 14 Iowa, 510, 
and 18 Iowa, 153. Code, section 4904. 

7. Any officer or board who has the approval of another officer's bond, when 
of the opinion that the public security requires it, upon giving ten days' notices 



30 SCHOOL LAWS OF IOWA. 

school corporation. [15 G. A., ch. 27; C.73, §§ 1721, 1731; R., §§ 
2035, 2037, 2076; C51, § 1144.] 

Sec. 2761. Duties of secretary. The secretary shall file and 
preserve copies of all reports made to the county superintendent, 
and all papers transmitted to him pertaining to the business of the 
corporation; keep a complete record of all the proceedings of the 
meetings of the board and the voters of the corporation in separate 
books; keep an accurate, separate account of each fund with the 
treasurer, charge him with all warrants and drafts drawn in his 
favor, and credit him with all orders drawn on each fund; and he shall 
keep an accurate account of all expenses incurred by the corpora- 
tion, and present the same to the board for audit and payment. At 

to show cause to the contrary may require hi'm to give such additional security 
by a new bond, within a reasonable time to be prescribed. Code, section 1281. 

8. By petitioning the board, a surety may ask to be relieved from his obliga- 
tion on a bond. Code, sections 1283-1285. 

9. All the officers of the board must take the oath of office as prescribed by 
aection 5, article 11, of the constitution. 

10. The sectretary and the treasurer have ten days in which to qualify. 

11. Any association or corporation which does the business of insuring the 
fidelity of others, and which has authority by law to do business in this state, 
shall be accepted as surety upon bonds required by law, with the same force and 
effect as sureties above qualified. Code, section 1187. 

Section 2761. 1. A large amount of labor devolves upon the secretary. The 
fidelity and promptness with which he attends to his duties make his assistance 
very valuable to the board and the district, and determine, in a large degree, the 
accuracy and completeness of his annual report to the board and to the county 
superintendent. 

2. It is essential that the record of the proceedings of the board and district 
meetings should be properly kept. Every transaction should be carefully noted, 
and the proceedings read and approved. 

3. The minutes of a meeting, as recorded at the time by the secretary, must 
be regarded the best evidence as to the understanding the board had of a subject, 
at the time the question was voted upon. Decisions, 6, 27, 30 and 47. 

4. The proceedings of any meeting in relation to voting schoolhouse taxes, 
must be submitted by the secretary, who is the proper custodian of the records, 
to the board, to form the basis of its action in apportioning and certifying school- 
house taxes to the board of supervisors. . • 

5. The failure of the secretary to record all the proceedings of the board and 
of the district meetings in separate books, kept for that purpose, will not render 
the proceedings void. 8 Iowa, 298. 

6. Public records are public property, and are open to inspection at proper 
times by any citizen. No public officer may refuse examination of the records, 
but as he is their custodian, and is charged with their safe keeping, he must keep 
them in his possession. 

7. Every officer having the custody of a public record or writing is bound to 
give any person, on demand, a certified copy thereof on payment of the legal fees 
therefor. Code, section 4638. 

8. The secretary may not act as president or treasurer of the board. 

9. As the secretary is the clerical officer of the board, and cares for the 
records of the district, we think he should act as librarian unless the board 
selects some other person. 

10. The secretary is required by this section to keep an account current with 
the district treasurer. This account, properly kept, will assist the board in its 
frequent settlements with the treasurer, as required by section 2780. 



SCHOOL LAWS OF IOWA. 31 

the annual meeting he shall record, in a book provided for that pur- 
pose, the names of all persons voting thereat, the number of votes 
cast for each candidate, and for and against each proposition sub- 
mitted. [C. 73, §§ 1741, 1743; R., §§ 2041-2; C. '51, § 1128.] 

Sec. 2762. Warrants. He shall countersign all warrants and 
drafts upon the county treasurer drawn or signed by the president; 
draw each order on the treasurer, specify the fund on which it is 
drawn and the use for which the money is appropriated; countersign 
and keep a register of the same, showing the number, date, to whom 
drawn, the fund upon which it is drawn, the purpose and the amount; 
and at the March and September meetings furnish the board with a 
copy of the same. [19 G. A.,.ch. 46; C. '73, §§ 1739, 1782; R., §§ 2039, 
2061; C'51, §§ 1122-3.] 

Sec. 2763. Notice of meetings. He shall give ten days' 
printed or written notice of all meetings of the voters, posted in at least 

Section 2762. 1. All demands, whether by contract or otherwise, must be 
approved by the board when in session, before an order may be drawn on the 
treasurer, and the secretary should draw no order unless he is authorized to do 
so by a vote of the board, at a regular or special meeting. Form 19. 

2. It is an advantage for the secretary to hold the order book, for by this 
means he can better keep his records, make the transcript to the treasurer of 
orders drawn, and more easily make his final report to the board in September. 

3. The secretary, president, and treasurer, must conform to the instructions 
of the board as far as those directions are in accordance with law, but they should 
not comply with an instruction directing them to do an illegal act. 

4. If the board appropriates money to pay its members, or for any other 
fllegal purpose, the president and secretary should decline to sign the order, and, 
If drawn, the treasurer should refuse to pay it. 

5. A member may relieve himself of the responsibility of an illegal act of the 
board, by moving that the ayes and noes be taken, and voting no. In case of pros- 
ecution the liability of such member may be materially lessened. 69 Iowa, 533. 

6. The board may authorize the president and secretary to draw warrants for 
the payment of teachers' salaries at the end of each school month, upon proper 
evidence that the service has been performed, but the order for wages for the last 
month should not be drawn until the full report required by section 2789 is filed 
In the office of the secretary. 

7. School orders issued without a vote of the board or otherwise illegally 
issued, although they may be signed by the president and countersigned by the 
becretary, are not binding upon the district, neither can they acquire validity by 
being transferred to third parties. If illegal when issued, they are illegal forever. 
19 Iowa, 199 and 248. Decisions, 10. 

8. An order is not a negotiable paper. It is subject to all equities and 
defenses to which it would have been subject in the hands of the payee. 22 Iowa, 
695; 29 Iowa, 339, and 92 Iowa, 676. 

9. An order issued illegally does not acquire validity by transfer. 

10. School orders should not be drawn payable on time, nor 'should any men- 
tion regarding interest be in the order. An order may not be made payable at 
any other place than the treasury of the district. 

11. The registry of orders is an important matter. Every order drawn 
should be promptly reported to the district treasurer, as he has no other means 
of determining the amount of outstanding orders, and otherwise cannot comply 
with the law requiring him to make partial payments. Section 2768 and form 20 

Section 2763. 1. The statutory mode of computing time excludes the day on 
which the notice is posted, and includes the day of meeting. 61 Iowa, 303. Code, 
eection -48, subdivision 23. Forms 10 and 13. 



32 SCHOOL LAWS OF IOWA. 

five public places in the corporation, but a notice shall be posted at 
the door of each schoolhouse, also at or near the last place of meet- 
ing, and each notice shall state- the date, hour and place of meeting, 
and the object, [18 G. A., ch. 59; C.73, §§ 1742, 1822; R, § 2043; C. 
'51, § 1129.] 

Sec. 2764. Register of persons of school age. He shall, 
between the first day of September and the third Monday in Sep- 
tember of each year, enter in a book made for that purpose, the 
name, sex and age of every person between five and twenty- one 
residing in the corporation, together with the name of the parent or 
guardian. 

Sec. 2765. Reports. He shall notify the county superintendent 
when each school is to begin and its length of term, and, within five 
days after the third Monday in September of each year, file with the 

2. Failure to comply with the laAV with respect to the notice, does not invali- 
date the proceedings of the meeting if regular in other respects. 

3. It follows that notice through the newspapers or any other notice than as 
named in the law, will not take the place of the kind of notice required by the 
law, given in the manner indicated. 

4. The posting up or service of any notice or other paper required by law 
may be proved by the affidavit of any competent witness attached to a copy of 
said notice or paper, and made within six months of the time of such posting up. 
Code, section 4681. 

Section 2764. 1. The law intends that no part of the enumeration shall be 
taken before the first day of September. 

2. The number of persons of school age can be obtained only by a careful and 
conscientious census. It includes all persons between five and twenty-one years 
having a residence within the district, even if married. Form 21. 

3. Each district deserves credit for every one of proper age, but is entitled 
to no more. It is obvious that a guess or estimate regarding even a single indi- 
vidual is to be avoided. 

4. In independent districts, it is the duty of the secretary to take the annual 
school enumeration required by the first clause of this section, unless the board 
assigns the duty to another person. In any case proper extra compensation 
should be given for the work required, if the district is a large one. 

5. In districts formed of parts of two or more counties, the secretary should 
make the annual report to the county superintendent of the county in which a 
majority of the children reside. This report should not include those children 
who reside in portions of the district lying in other counties. The remaining 
number of children should be reported by the secretary to the superintendents of 
their respective counties. 

6. Every person between five and twenty-one should be enumerated where he 
resides. A child in one of the charitable or reformatory institutions temporarily, 
and whose parents reside in another part of the state, or in another school 
district, is a resident of the district in which his parents reside, and should be 
enumerated there. If in the institution to remain permanently, having no 
parents or guardian, his residence is in the district in which the institution is 
located, and he should be enumerated therein. 

7. The actual truth as to the number of school age is what is sought. Any- 
thing else disturbs the equality -which by right exists, and prevents all from 
receiving exact justice in the apportionments. 

Section 2765. 1. The name of the teacher should be given, and any other 
information which will aid the county superintendent in planning his work of 
visitation, provided for in section 2735. 



SCHOOL LAWS OF IOWA. 33 

county superintendent a report which shall give the number of per- 
sons in the corporation, male or female, of school age, the number 
of schools and branches taught, the number of scholars enrolled and 
average attendance in each school, the number of teachers employed 
and the average compensation paid per month, distinguishing the 
sexes, the length of school in days, and the average cost of tuition 
per month for each scholar, the text-books used, number of volumes 
in library, the value of apparatus belonging to the corporation, the 
number of schoolhouses and their estimated value, the name, age 
and postoffice address of each deaf and dumb or blind person in the 
corporation between the ages of five and twenty-one years, and this 
shall include those who are so blind or deaf as to be unable to obtain 
an education in the common schools, a like report as to all feeble 
minded children of and between such ages, and the number of trees 
set out and in a thrifty condition on each schoolhouse ground. [19 G. 
A., ch. 23. § 3; 16 G. A., ch. 112, § 1; C. 73, §§ 1744-5; R., § 2046; C. 
'51, §§ 1127-8.] 

Sec. 2766. Officers reported. He shall report to the county 
superintendent, auditor and treasurer the name and postoffice 
address of the president, treasurer and secretary of the board as 
soon as practicable after the qualification of each. [C. '73, § 1736.] 

Sec. 2767. Certifying tax. Within five days after the board 
has fixed the amount required for the contingent and teachers' fund, 
he shall certify to the board of supervisors the amount so fixed, 
and at the same time shall certify the amount of schoolhouse tax 
voted at any regular or special meeting. In case a schoolhouse tax 
is voted by a special meeting after the above certificate has been 
made and prior to the first day of September following, he shall 
forthwith certify the same to the board of supervisors. He shall 
also certify to such board any provision made by the board of direct- 
ors for the payment of principal or interest of bonds lawfully issued. 
[C.73, §§ 1777, 1823; R., §§ 2037, 2044.] 

Sec. 2768. Duties of treasurer — payment of warrants. 
The treasurer shall receive all moneys belonging to the corporation, 
pay the same out only upon the order of the president countersigned 
by the secretary, keeping an accurate account of all receipts and 

2. The blanks for the annual report of the secretary are furnished by the 
state, through county superintendents. The secretary should copy the report 
required by this section, in the district records. If the original report is filed in 
his office, it is liable to be destroyed or mislaid, which may prove detrimental to 
the interests of the district. 

3. Every teacher should take great pains to keep very carefully the register 
required by section 2789, in order that the report required by this section may 
be made out correctly. By the teacher doing so the secretary will be able to 
make his annual report with greater ease, and with added accuracy. 

Section 2766. It is very important that the secretary should file the certifi- 
cate with the county officers named, immediately after the regular meeting of the 
board in March and September, otherwise funds belonging to the district may be 
paid to persons not authorized to receive them. Whenever a change is made the 
county officers should be notified. Form 22. 

Section 2768. 1. The language of this section is very explicit. It makes the 
treasurer the custodian of all moneys belonging to the district, which effectually 
precludes the idea of dividing the money belonging to any particular fund among 
the subdistricts. Decisions, 11. 



34 SCHOOL LAWS OF IOWA. 

expenditures in a book provided for that purpose. He shall regis- 
ter all orders drawn and reported to him by the secretary, showing 
the number, date, to whom drawn, the fund upon which drawn, the 
purpose and amount. The money collected by tax for the erection 
of schoolhouses and the payment of debts contracted therefor shall 

2. The treasurer may pay out the funds only on the order of the president, 
countersigned by the secretary, and the president may not sign an order unless 
he is authorized to do so by the board. 

3. No order shall be drawn on the district treasury, until the claim for which 
it is drawn has been audited and allowed. Section 2780. 

4. In making payment, one order may not be given precedence before another. 
40 Iowa, 620. 

5. Neither the electors nor the board may authorize the treasurer to loan 
money belonging to the district. Code, section 4840, as note 10 to section 2709. 

6. The treasurer is responsible for all moneys coming into his hands by virtue 
of his office, even if stolen or destroyed by fire. The board has no authority to 
release him, unless he accounts in full for all moneys received by virtue of his 
office. 37 Iowa, 550; 39 Iowa, 9; 40 Iowa, 130, and 80 Iowa, 497. 

7. Having the consent of his bondsmen, the treasurer may deposit the money 
in some safe and secure bank. The treasurer and his bondsmen are as fully 
responsible as they would be if the money is held by the treasurer in person. 

8 The spirit of our law forbids the electors to vote schoolhouse funds to 
reimburse a treasurer or his bondsmen for a loss of the money belonging to the 
district. There is no way under the law in which the treasurer and his bonds- 
men may be released from absolute liability. 

9. There is no authority in law for a county treasurer and a district treasurer 
to keep a part of the schoolhouse fund separate as a so-called highway fund or 
library fund. It is obvious that all moneys collected as voted by the electors 
must belong to the schoolhouse fnnd. 

10. When possible, it is desirable that the cost of removing and repairing 
schoolhouses shall be paid from the schoolhouse fund. If there is no schoolhouse 
fund on hand unappropriated, the expense of removal, if not too considerable, 
may be paid from the contingent fund. 

11. Contingent fund may be used to erect a flag staff upon the schoolhouse or 
a flag pole upon the school grounds for the purpose of displaying a school flag. 

12. Minor improvements, such as the erection of ordinary outhouses, fences, 
and the like, may be paid for from either the contingent or schoolhouse fund. 

13. Ordinary repairs should be charged to the contingent fund; but when 
such repairs assume the magnitude of a rebuilding, or of an extensive addition, 
they should be charged to the schoolhouse fund. 

14. Any unappropriated schoolhouse fund in the district treasury may be used, 
for the erection or repair of schoolhouses, at the discretion of the board, without 
action of the electors. 

15. The cost of seating new schoolhouses should be paid from the schoolhouse 
fund, The law does not authorize the use of the contingent fund for the erection 
or completion of schoolhouses, but when a house needs reseating or other repairs, 
the cost may be defrayed either from the contingent fund, or from any unappro- 
priated schoolhouse fund in the treasury. 25 Iowa, 436. 

16. The term school furniture, as generally used in our state, means school 
desks, tables, chairs, and such similar articles as are closely related to making the 
schoolhouse more suitable for its use as a schoolhouse; school apparatus has been 
understood to include the articles mentioned in section 2783, or such similar arti- 
cles as would clearly come under the same designation for use in the schools for 
the purposes of instruction. 



SCHOOL LAWS OF IOWA. 35 

be called the schoolhouse fund; that for rent, fuel, repairs, and 
other contingent expenses necessary for keeping the school in 
operation, the contingent fund; and that received for the payment 
of teachers, the teachers' fund; and he shall keep a separate account 
with each fund, paying no order that fails to state the fund upon 
which it is drawn and the specific use to which it is to be applied. 

17. As the members of the board receive no pay for their services, if boards 
subscribe for a copy of any journal containing the official rulings and decisions of 
this department to aid them in their work, they have the right to pay for the 
same from the contingent fund. 

18. Boards have no authority to transfer money from one fund to another, even 
temporarily, unless they are authorized under section 2749, subsection 5, to 
transfer schoolhouse fund to another fund. Notes 3 and 4 to section 2810. 

19. The teachers' fund should not be divided among the subdistricts, equally, 
according to the number of children, or upon any other basis. This fund can be 
paid out only to teachers for services, upon orders authorized by the board. 

20. The treasurer shall pay no order which does not specify the fund on which 
it is drawn, and the specific use to which the money is applied. 

21. Tuition fees collected from nonresidents belong to the teachers' fund. 

22. No part of the teachers' fund may be used for any other purpose than to 
pay teachers or to pay tuition. 

23. The law requires both the secretary and treasurer to keep a register of 
all orders drawn on the district treasury, containing a record of each item enum- 
erated. Form 26. 

24. The board has no authority to make a contract by which school orders 
shall draw interest before their presentation nor a higher rate than six per cent. 
90 Iowa, 53. 

25. It is essential that the' treasurer should know the exact amount of out- 
standing orders, and for this reason the secretary is required to report to him all 
orders drawn on the district treasury. Section 2761. 

26. The register provided for in this section is indispensable to the treasurer, 
under the law requiring him to make partial payments on orders when he has not 
funds sufficient to pay them in full. 

27. The treasurer may rightly object to paying an order that is defective in 
any of the particulars named. It is especially essential that the purpose for which 
the order was given shall be written in the order, and on the stub in the order book. 

28. The provision as to partial payment applies to all orders on that fund. 
The holder of an order drawn to pay a judgment cannot insist on its being satis- 
fied in full to the exclusion of other orders. 40 Iowa, 620. 

29. By keeping a correct account of the orders, as by form 20, the treasurer 
will know the amount outstanding, and can readily determine what per cent on 
each he can pay with the funds on hand. 

30. Whenever partial payment is made, the treasurer should indorse the pay- 
ment on the order and take a receipt for the amount paid. When paid in full, 
the order should, in all cases, be indorsed by the person presenting it, and left 
with the treasurer. It is then a voucher for the amount paid. 

31. The district treasurer should make payment pro rata upon all outstanding 
orders in the fund on which such order is drawn and should indorse an order, 
when requested, so that amounts unpaid may draw six per cent interest. 

32. The remedy of any one holding an order which the treasurer refuses to 
pay is application to a court for a writ to compel such officer to make payment. 
At the final hearing before the court it will be definitely determined whether the 
order is of such character that it should be either paid by the treasurer or 
indorsed by him as not paid for want of funds. 



36 SCHOOL LAWS OF IOWA. 

Whenever an order cannot be paid in full out of the fund upon 
which it is drawn, partial payment may be made. All school orders 
shall draw lawful interest after being presented to the treasurer and 
by him indorsed as not paid for want of funds. [C. 73, §§ 1747-50; 
R., §§ 2048-50; 0.'51, §§ 1138-40.] 

Sec. 2769. Financial statement. He shall render a state- 
ment of the finances of the corporation whenever required by the 
board, and his books shall always be open for inspection. He shall 
make an annual report to the board on the third Monday in Septem- 
ber, which shall show the amount of the teachers' fund, the contin- 
gent fund, and the' schoolhouse fund held over, received, paid out, 

SECTION 2769. 1. The interest and protection of the taxpayers require that 
such settlement should be made at least twice a year, and more frequently if 
deemed necessary, and the settlement at the end of the term requires that the 
funds and property shall be produced and fully accounted for, and that these facts 
should be indorsed upon the new bond of the treasurer, if he is re-elected. Code, 
section 1193, quoted in note 8 below. 69 Iowa, 269, and 91 Iowa, 198. 

2. The outgoing- treasurer and his bondsmen have a right to expect and to 
require that the board shall make a complete settlement, and the treasurer may 
demand and receive written evidence that such settlement is complete. 

3. The responsibility of the treasurer and his bondsmen to the district is 
absolute, and it rests with the treasurer to deposit the money in a bank, or not, 
as may seem best to him, with the advice of his bondsmen. 

4 It is not within the power of even the electors to release the board or its 
officers from their obligation to protect the funds of the district. 

5. The sureties on an official" bond may be held for three years from the time 
that it is presumed an irregularity occurred. Code, section 3447. 91 Iowa, 198. 

6. The vouchers of the treasurer should not be destroyed until after three 
years from the expiration of a term of office. The stub books of the secretary 
should also be retained, and not destroyed until after several years. 

7. In making settlement, the board may submit a difference with the treas- 
urer, to arbitration. 70 Iowa, 65. 

8. When the incumbent of an office is re-elected, he shall qualify as above 
directed; but when the re-elected officer has had public funds or property in his 
control, under color of his office, his bond shall not be approved until he has pro- 
duced and fully accounted for such funds and property to the proper person to 
whom he should account therefor; and the officer or board approving the bond 
shall indorse upon the bond, before its approval, the fact that the said officer has 
fully accounted for and produced all funds and property before that time under 
his control as such officer Code, section 1193. 

9. When it is ascertained that the incumbent is entitled to hold over by 
reason of the nonelection of a successor, or for the neglect or refusal of the 
successor to qualify, he shall qualify anew, within the time to be fixed by the 
board or officer who approves the bond of such officer. Code, section 1195. 

10. If any state, county, township, school or municipal officer, or officer of any 
state institution, or other public officer within the state, charged with the collec- 
tion, safe keeping, transfer or disbursement of public money or property, fails or 
refuses to keep the same in any place of custody or deposit that may be provided 
by law for keeping such money or property until the same is withdrawn there- 
from as authorized by law, or keeps or deposits such money or property in any 
other place than in such place of custody or deposit, or unlawfully converts to his 
own use in any way whatever, or uses by way of investment in any kind of prop- 
erty, or loans without the authority of law, any portion of the public money 
intrusted to him for collection, safe keeping, transfer or disbursement, or con- 
verts to his own use any money or property that may come into his hands by 



SCHOOL LAWS OF IOWA. 37 

and on hand, the several funds to be separately stated, and he shall 
immediately tile a copy of this report with the county superintendent. 
[16 G. A., ch. 112, § 2; C. 73, § 1751; R., § 2051; C'51, § 1141.] 

Sec. 2770. Surrendering office to successor. Each school 
officer, upon the termination of his term of office, shall immediately 
surrender to his successor all books, papers and moneys pertaining 
or belonging to the office, taking a receipt therefor. [C. '73, § 1791; 
R., §2080.] 

Sec. 3771. Quorum of board — filling vacancies. A majority 
of the board of directors of any school corporation shall constitute a 
quorum for the transaction of business, but a less number may 
adj jurn from time to time. Vacancies occurring among the officers 
or members shall be filled by the board by ballot, and the person 

virtue of his office, he shall be guilty of embezzlement to the amount of so much 
of said money or the value of so much of said property as is thus taken, converted, 
invested, used, loaned or unaccounted for, and shall be imprisoned in the peni- 
tentiary not exceeding ten years, and fined in a sum equal to the amount of money 
embezzled or the value of such property converted, and shall be forever after 
disqualified from holding any office under the laws of the state. Any such officer 
who shall receive any money belonging to the state, county, township, school or 
municipality or state institution of which he is an officer shall be deemed to have 
received the same by virtue of his office, and in case he fails or neglects to account 
therefor upon demand of the person entitled thereto, he shall be deemed guilty 
of embezzlement, and shall be punished as above provided. Code, section 4840. 

11. The blanks for the annual report of the treasurer are furnished by the 
s'tate, through county superintendents. 

12. Treasurers should take pains to mail a copy of this report at once to the 
county superintendent, as only by timely attention on the part of treasurers, can 
one county superintendent compile and forward his annual report to the superin- 
tendent of public instruction, on the first Tuesday in October. 

Section 2770. The language of this section includes copies of the school laws, 
school journals, reports, and all other publications which may be received by 
virtue of being a school officer. 

Section 2771. 1. In the absence of a direct provision of law, or of a by-law 
requiring a majority vote of all the board, or one providing that the highest vote 
shall carry, or a rule imposing some other limitation upon the board, a majority 
of the votes cast, a quorum being present, will carry a measure. 

2. Boards have no authority to remove any member or officer of the board. 
Such removal may be made only by the courts. Code, section 1251. 

3. Wilful neglect to perform duty is a misdemeanor. Code, section 4904. 

4. If a director habitually or wilfully neglects the duties of his office he may 
perhaps be compelled by mandamus to perform them or to resign. Section 2822. 

5. A vacancy can be created only by death, removal, resignation, or failure 
to elect at the proper election, there being no incumbent to continue in office. 
Code, section 126G. A failure to elect or qualify does not create a vacancy, for 
the incumbent, whether elected or appointed, continues in office '"until his suc- 
cessor is elected and qualified." Code, section 1265. If the incumbent does not 
qualify, a vacancy exists. 

6. School directors may resign at any time. A verbal or a written resignation 
may be tendered to the board when in session, or a written resignation may be 
handed to some member to be presented at a subsequent meeting, for acceptance 
by the board. 

7. No one may be compelled to qualify as a member or officer of the board. 



38 SCHOOL LAWS OF IOWA. 

receiving the highest number of votes shall be declared elected and, 
shall qualify as if originally elected or appointed. [24 G. A., cb. 
19; C.73, §§ 1730, 1738; R., §§ 2037-8.] 

Sec. 2772. Temporary officers — course of study — regula- 
tions. The board shall appoint a temporary president and secre- 
tary, or either of them, in the absence of the regular officers, and 
shall prescribe a course of study for the schools of the corpora- 
tion, make rules and regulations for its own government and that 
of the directors, officers, teachers and pupils, and the care ol 
the schoolhouse, grounds and property of the school corporation, 

8. If a subdistrict is divided, so as to form a new one, the resident director 
will continue to act as though no change had been made, until the following sub- 
district election. 

9. If a person without the requisite qualifications, is elected a member of the 
board and acts with the board, being a member de facto, his acts will be valid, but 
when his disqualification becomes known, the board shall declare the place 
vacant and appoint his successor. 23 Iowa, 96. 70 Northwestern Reporter, 592. 

10. A board may ratify or adopt such acts of officers de facto as the law would 
permit officers dejure to perform. 

Section 2772. 1. The board of every district should adopt a carefully pre- 
pared course of study, to which the electors may add other branches. 

2. The law does not prescribe clearly the several branches that shall be taught 
in the public schools, further than to require most teachers to be qualified to teach 
certain branches enumerated. 

3. It is plainly implied that the common branches are to be included in every 
course of study. 

4. The board of every district has the right to include music, drawing, or any 
other branch, in the course of study. 

5. It is the province of the board to decide what branches besides those named 
by the electors, shall be included in the course of study and taught in the schools. 

6. If it is desired that higher arithmetic, or any other advanced study, shall 
be taught in one or more schools in the district, the board should include such 
branch in the course of study for such school or schools. 

7. The electors may not limit or restrict the board as to a course of study. 
The most that the electors may do is to compel the board to provide lor giving 
instruction in the branches ordered by the electors to be taught during the year. 

8. Graduating exercises are a part of the course of study and the board may 
direct what exercises shall be held in connection with the closing days of school. 

9. In mixed schools a close classification is very desirable. Time is saved, 
larger classes are secured, and the efficiency and discipline of the school are pro- 
moted by such plan. 

10. A condition may exist when for a short time a board may be compelled to 
provide by regulation that certain pupils shall attend only one-half of the day, 
and others of the same grade the other half. But such arrangement could not be 
regarded as a permanent one. 

11. A board is discharging the duty incumbent upon it to provide equal school 
facilities for all when it does the very best possible to overcome difficulties, and 
leaves nothing undone which it might properly be expected to do. 

12. Legally speaking, the management of the schools in every essential respect 
is entirely within the control of the board. Teachers and scholars are governed 
by the reasonable rules and regulations adopted by the board. In the absence of 
a rule upon any special subject che action of a teacher is supposed to be in effect 
the act of the board until such action is set aside or disclaimed by an order of the 
board directing otherwise. 



SCHOOL LAWS OF IOWA. 39 

and aid in the enforcement of the same, and require the performance 
of duty by said persons not in conflict with law and said rules and 
regulations. [C.73, §§ 1730, 1737; R, § 2037.] 

Sec. 2773. Schoolhouse site — division of district — length 
of school. It may fix the site for each schoolhouse, taking into 

13. It is within the power of the board to require such reports from teachers 
as seem desirable for the information of the boai-d. It may require reports weekly, 
monthly, by the term, by the year, or all of these together. It is the duty of 
teachers to comply with the regulations of the board, so far as it is within the 
power of the teachers to do so. 

14. Each board has exclusive control of the schoolhouses in its district, unless 
the school township meeting- has otherwise ordered. 

Section 277.3. 1. The power to locate sites for schoolhouses is vested, origi- 
nally, exclusively in the board. This authority should be exercised with great 
care, and without prejudice. Decisions, 25 and 33. 

2. The wishes of the people, for whom the house is designed, should be con- 
sulted as far as practicable, taking into account prospective as well as present 
convenience. Decisions, 17, 21 and 59. 

3. A vote of the electors upon matters which by the law are to be determined 
by the board, is not binding upon the board, but is only suggestive to it. In such 
matters the board will still be left free to exercise the large discretion vested in 
it by the law. 

4. The location of schoolhouse sites is an exclusive prerogative of the board. 
The electors may not definitely limit a board by vote or instructions. 

5 A suggestion from the electors may be taken into account by the board and 
given such weight as there is value in the reasons upon which the expressed wish 
of the electors is based. 

6. The board is required to exercise its official judgment in making the loca- 
tion best suited to the needs of all the people in the district. The bearing of the 
law is the same in all districts. 

7. There is nothing in the law fixing a standard as to what is to be considered 
a reasonable distance for children to travel to school. Attendance in an adjoin- 
ing district under such circumstances as to secure the payment of tuition to the 
adjoining district is governed by the provisions of section 2803. 

8. There are many obvious reasons why a schoolhouse site should not be 
located away from the highway. It is highly desirable that the necessary high- 
ways to a new site should be open befbi*e a schoolhouse is placed upon such site. 

9. The removal of a schoolhouse to another site within the same subdistrict 
is entirely within the control of the board, and a vote of either the electors of the 
subdistrict or of the school township will be only suggestive. 81 Iowa, 335. 

10. A road to the schoolhouse may be established in the same manner and by 
the proceedings provided for the establishment of highways in general, and when 
the damages have been assessed, the district may pay the same. 

11. The expense that is intended shall be paid by the district is not more 
than that of surveying, locating and establishing the highway. The building 
of bridges and the repair of the road with the funds of the district would not be 
warranted by the law. 

12. After a highway has become legally established it is wholly and entirely 
under the control of the board of supervisors. Code, section 1482. 

13. The location of a schoolhouse is not necessarily made to depend upon the 
boundaries of the subdistrict in which the house is located, as by the former law. 

14. The removal of a schoolhouse from the subdistrict must be first ordered 
by the electors, at the township meeting. Decisions, 13. 



40 SCHOOL LAWS OF IOWA. 

consideration the geographical position, number and convenience of 
the scholars , provide for the fencing of schoolhouse sites, determine 
the number of schools to be taught, divide the corporation into such 
wards or other divisions for school purposes as may be proper, 
determine the particular school which each child shall attend, and 

15. As a change of boundaries between subdistricts does not take effect until 
the subdistrict meeting in March, the board may not move the schoolhouse to 
accommodate the proposed new conditions, until after that time. 

16. If possible, the district should own the sites. A perfect title should 
be secured, and the warranty deed recorded, before commencing to build. 

17. The property should be conveyed to the district in its corporate name. The 
deed should be recorded and afterwards filed with the president. Form 28. 

18. A public square may be transferred to an independent school district, for 
public school purposes. Code, sections 931-932. 

19. In purchasing the grounds for schoolhouse purposes, the president should 
require an abstract of title and satisfy himself that the property is free from 
incumbrance. 

20. The site should contain not less than one acre of ground, ordinarily, and 
this exclusive of highway. 

21. The provisions of section 2814 do not apply when the site is purchased. 

22. The law does not provide the number to be accommodated by a new house 
in order that one may be built. 

23. There is nothing in law to prevent the erection of more than one school- 
house in a subdistrict.. 69 Iowa, 533. Decisions, 53. 

24. The rights, privileges and obligations of the district as regards partition 
fences with adjoining property are the same as those of any other occupant. 

25. The legal obligations of the district are the same as those of any other land 
owner, with regard to fencing. Sometimes a district desires to maintain a differ- 
ent or better fence than can be required of the party joining. In such cases it is 
quite customary for districts to build the whole fence. 

26. A partition fence may be made tight by the party desiring it. Code, sec- 
tion 2367. 

27. Any question upon which there is a difference of opinion between parties 
should be submitted to the township trustees, who act as fence viewers, and deter- 
mine matters in controversy. 

28. The property of school districts in cities and towns is not exempt from 
special taxation, for improvement of streets and laying.of sidewalks. 55 Iowa, 150. 

29. The district has the same right to the full and proper use of the school- 
house property as any individual has of his property, or as any other corporation 
has of its property. 

30. In an extreme case it may be necessary to bring an action in the name of 
the state before a peace officer against any person or persons wilfully or unlaw- 
fully persisting in trespassing upon the schoolhouse grounds or wilfully interfer- 
ing with or disturbing the quiet and uninterrupted progress of a public school. 

31. If any tramp or vagrant, without permission, enter any schoolhouse or 
other public building in the nighttime, when the same is not occupied by another 
or others having - proper authority to be there, or, having entered the same in the 
daytime, remain in the same at night when not occupied as aforesaid, or at any 
time commit any nuisance, use, misuse, destroy or partially destroy any private or 
public property therein, he shall be imprisoned in the penitentiary not more than 
three years, or be fined noo exceeding one hundred dollars and imprisoned in the 
county jail not more than one year. Code, section 4793. 

32. The board should require from parties desiring to use the schoolhouse, 
security for its proper use and protection from other injury than natural wear. 



SCHOOL LAWS OF IOWA. 4] 

designate the period each school shall be held beyond the time 
required by law. Every school shall be free of tuition to all actual 
residents between the ages of five and twenty-one years, and each 
school regularly established shall continue for at least twenty-four 
weeks of five school days each, in each school year commencing the 

33. It is proper to permit the use of sehoolhouses for the purpose of public 
worship on Sunday, or for religious services, public lectures on moral or scientific 
subjects, or meetings on questions of public interest, on the evenings of the week, 
or at any time when such use will not interfere with the regular progress of the 
school. 35 Iowa, 194. 

34. It is not in accordance with the meaning of the law and the decisions of 
the courts to allow a schoolhouse to be used for a purpose requiring an admission 
fee. This does not prevent a contribution being taken, but we think free admis- 
sion should not be denied. 

35. It is believed that no discrimination should be made as to who may attend 
meetings held in a schoolhouse. To make membership in a particular society a 
test for attendance upon the meeting would seem to be in conflict with the inten- 
tion of the law. 

36. The use of a public school building for Sabbath-schools, religious meetings, 
debating clubs, temperance meetings, and the like, is proper. Especially is this 
so where abundant provision is made for" securing any damages which the tax- 
payer may suffer by reason of the use for the purposes named. The use of a school- 
house for such purposes, when so authorized, is not prohibited by section 3, article 
1, of the constitution. 50 Iowa, 11. 

37. In precincts outside of cities and towns the election shall be, if practicable, 
held in the public school building, for the use of which there shall be no charge, 
but all damage to the building or furniture shall be paid by the county. Code, 
section 1113. 

38. If any person wilfully write, make marks or draw characters on the walls 
or any other part of any church, college, academy, schoolhouse, courthouse or 
other public building, or on any furniture, apparatus or fixtures therein; or wil- 
fully injure or deface the same, or any wall or fence inclosing the same, he shall 
be fined not exceeding one hundred dollars, or imprisoned in the county jail not 
more than thirty days. Code, section 4802. 

39. If any person wilfully disturb any assembly of persons met for religious 
worship by profane discourse or rude and indecent behavior, or by making a noise, 
either within the place of worship or so near as to disturb the order and solem- 
nity of the assembly, or if any person wilfully disturb or interrupt any school, 
school meeting, teachers' institute, lyceum, literary society or other lawful assem- 
bly of persons, he shall be punished by imprisonment in the county jail not more 
than thirty days, or by fine not exceeding one hundred dollars. Section 4959. 

40. There are no holidays during which teachers are exempted by the law 
from teaching, unless excused by the board. A legal contract requires twenty 
days of actual service for a month. 

41. In this state, by common consent and universal custom, New Year's, 
Memorial Day, Fourth of July, Christmas, and any day recommended by the 
governor or the president as a day of thanksgiving, are observed as holidays. 

42. It is the commendable custom with very many boards, to allow teachers 
and scholars the so-called holidays, and to pay the teachers as if those days had 
been taught. 

43. There is no provision of law giving teachers time to visit other schools. 
Boards often grant teachers this privilege, under proper restrictions. 

44. By consent of the board, an occasional Saturday may be taught. But as 
five days are a school week, the practice is not to be commended. 



42 SCHOOL LAWS OF IOWA. 

third Monday in March, unless the county superintendent shall 
authorize the board to shorten this period in any one or more 
schools, when in his judgment there are sufficient reasons for so 
doing. No school shall be in session during the time of holding 
a teachers' institute except by written permission of the county 

45. If no action has been taken by the board and the contract contains no pro- 
vision relating to the matter, the custom prevailing in that school will probably 
govern as to the matter of beginning and closing school sessions, intermissions, 
and other like particulars. It is well for the board and the teacher to have an 
agreement in matters of this kind. 

46. While the written law does not specify the length of a school day, almost 
universal custom has made it six hours. The board has the power to shorten this 
time somewhat if thought best. If no action has been taken by the board, and a 
contract contains no provision relating to the matter, the custom prevailing in 
the district will probably govern. 

47. It is within the power of the board to extend the hoars of school, within 
reasonable limits, and when necessary it may maintain a night school. No person 
may receive pay from the funds of the district for giving instruction outside of 
the school hours fixed by the board nor for teaching without a certificate to teach 
the particular branch or branches in which instruction is given. 

48 It is entirely within the discretion of the board to determine the number 
of months of school, the time when schools begin, the length of term, and such 
other questions 

49. As regards the length of time during which schools are to be taught, 
twenty-four weeks is the minimum. The maximum is unlimited, except as by 
section 2806, limiting the amount of taxes for contingent and teachers' fund. 

50. The regular schools of the district should be kept in session an equal 
number of months. 

51. A suggestion or vote of the electors upon any of these matters will have 
no binding force upon the board, but such suggestions may be given such weight 
by the board as they choose to give them. 

52. Attendance is not necessarily governed by subdistrict lines. The board 
may determine what school in the district children shall attend, without regard 
to the boundaries of subdistricts. 

53. Subdistrict lines determine who may vote for director of the subdistrict,. 
and also fix the limits of taxation, if the voters of a subdistrict vote a schoolhouse 
tax upon the subdistrict. 

54. Usually and naturally in school townships the subdistrict will form a suit- 
able division for attendance. But to determine where children shall attend, the 
board may fix other limits than subdistrict lines. 

55. Poor children, when cared for at the poor-house, shall attend the district 
school for the district in which such house is situated, and a ratable proportion 
of the cost of the school, based upon the attendance of such poor children to the 
total number of days' attendance thereat, shall be paid by the county into the 
treasury of such school district, and charged as part of the expense of supporting 
the poor-house. Code, section 2249. 

56. Unless the county superintendent finds it quite impracticable that a 
school should be held, and releases the board, it is required by law to continue a 
school regularly established. 

57. If a board does not maintain a school and does not secure the release from 
the county superintendent, then any one legally interested may apply to a court 
for a writ to compel the board to perform its duty in the matter and to supply 
school privileges. 

58. The board may establish more than one school when necessary for the 
accommodation of the children, subject to the limitations in section 2806. 



SCHOOL LAWS OF IOWA. 43 

superintendent. [19 G. A., ch. 172, § 21; 17 G. A., ch. 54; 15 G. A., 
ch. 57; C.73, §§ 1724, 1727, 1769; R., §§ 2023, 2037.] 

Sec. 2774. Renting" room — instruction in other schools — 
transportation of children. It may, when necessary, rent a room 
and employ a teacher, -where there are ten children for whose accom- 
modation there is no schoolhouse; and when the board is released 
from its obligation to maintain a school, or when children live at an 
unreasonable distance from their own school, the board may contract 
with boards of other school townships or independent districts for 
the instruction of children thus deprived of school advantages, in 
any school therein, and the cost thereof shall be paid from the teach- 
ers' fund. And when there will be a saving of expense, and children 
will also thereby secure increased advantages, it may arrange with 
any person outside the board for the transportation of any child to 
and from school in the same or in another corporation, and such 
expenses shall be paid from the contingent fund. [21 G. A., ch. 124; 
16 G. A., ch. 109; C'73, § 1725. j 

Sec. 2775. Instruction as to stimulants, narcotics and 
poisons. It shall require all teachers to give and all scholars to 
receive instruction in physiology and hygiene, which study in every 
division of the subject shall include the effects upon the human sys- 
tem of alcoholic stimulants, narcotics and poisonous substances. 
The instruction in this branch shall of its kind be as direct and spe- 
cific as that given in other essential branches, and each scholar shah 

59. The board has power to provide for a longer period of school than twenty- 
four weeks. An additional school in a rented room continues during such time 
as the board may determine. 

60. Inequalities in the requirements may demand that varying prices should 
be paid as wages for different schools. Decisions, 24. 

61. The school year for school purposes should be regarded as beginning on 
the third Monday in March, when a new board enters upon its duties. The year 
for the reports closes in September. 

62. All the youth of the state from five to twenty-one years of age, irrespective 
of religion, race or nationality, are entitled to the same school facilities. While 
schools may be graded according to the proficiency of pupils, no discrimination, 
such for instance as requiring colored pupils to attend separate schools, can be 
enforced. 2-4 Iowa, 2'iG. 

Section 2774. 1. The board cannot provide an extra school for the accom- 
modation of a less number than ten persons of school age. Decisions, 34. 

2. From the action of the board with regard to an additional school, an appeal 
will lie. 

3. If it is clearly shown to the county superintendent that the board abused 
its discretion in providing or in refusing to provide such a school, he may on 
appeal reverse its action, and do what the board might have done. 

4. The board of scholars may not be paid by the district. 

Section 2775. 1. This study must begin in the lowest primary class. In 
what grade or class it shall be completed is to be determined by the board. 

2. Primary classes must be instructed orally, as the children are not old enough 
to use or comprehend a book. But this oral instruction must be outlined as a 
course, and adopted by each board. 

3. The portion assigned to each grade or class should be thoroughly mastered 
before more advanced work is entered upon. 

4. The work will be best accomplished with the older scholars by the use of a 
suitable text-book, which it is the duty of every board to select and adopt. 



44 SCHOOL LAWS OF IOWA. 

be required to complete the part of such study in his class or grade 
before being advanced to the next higher, and before being credited 
with having completed the study of the subject. [21 G. A., ch. 1.] 
Sec. 2776. Higher schools — union schools. It shall have 
power to maintain in each district one or more schools of a higher 
order, for the better instruction of all in the district prepared to 
pursue such a course of study, and it may establish graded or union 
schools and determine what branches shall be taught therein, but 

5. The board may forbid the use of tobacco on the school grounds. 

6. Teachers should be careful to give instruction in accordance with the spirit 
of the law. The law contemplates that the noxious effects upon the system of the 
user of any of the articles named shall be taught. 

7. Many other harmful effects, very properly emphasized in public lectures, 
are not required to be taught in the class room. 

8. It is not out of place to emphasize the truth that total abstinence is the 
only sure way to escape the evils arising from the use of alcoholic drinks and 
tobacco. 

9. The alarming increase of the cigarette habit calls for united and aggres- 
sive action in removing from the growing boy as far as we can possibly do so, the 
temptation and opportunity to purchase tobacco. In this way value will be added 
to the instruction required to be given in all public schools as to the effects of 
narcotics. 

10 We urge upon all teachers to co-operate with the authorities and with all 
other persons in creating and fostering a sentiment favoring a rigid enforcement 
of the law regarding the sale or giving of tobacco to boys. Code, section 5005. 

11 Every scholar must study physiology and hygiene, including the effects of 
stimulants and narcotics, until the outline upon that branch, as prepared by the 
board, has been completed. 

12. The law does not mean that a scholar must necessarily study this branch 
continuously during his entire school life, unless the course of study adopted by 
the board so provides. 

13. A board cannot shift the responsibility by simply providing that teachers 
shall give instruction in this branch. It must see to it that the work is actually 
done by the teachers, as the law requires. 

14. To teach a special branch, a person may receive a certificate for that 
study only, and is not required also to be examined as provided for teachers 
in general. Section 2736. 

15. County superintendents should know that every teacher is complying fully 
with this statute, and any teacher failing or refusing to teach as required, may 
not be permitted to continue in the work of teaching. Section 2737. 

16. The proper remedy to secure an enforcement of these provisions, as of 
other mandatory requirements, is application to a court of law for a writ of man- 
damus. Code, section 4341. 

Section 2776. 1. With its power to establish and maintain graded schools, 
every board is invested with authority to prescribe a course of study in the differ- 
ent branches to be taught. 

2. A graded school, open to the older and more advanced scholars, may be 
advantageously established at some central point in the district. 

3. It is very desirable that boards, county superintendent, and teachers should 
work together in efforts to classify and harmonize the work to be done in the 
ungraded schools. Much may be accomplished by concert of action in carrying 
forward some uniform method of classification and instruction. 

4. The electors may not limit or restrict the board to the adoption of a course 
of study including only such branches as the electors may name. Nor may the 
electors direct that a particular branch, or certain studies, shall not be taught. 



SCHOOL LAWS OF IOWA. 45 

the course of study shall be subject to the approval of the superin- 
tendent of public instruction; and it may select a person who shall 
have general supervision of the schools in any district subject to the 
control of the board. [C. 73, § 1726; R. , § 2037.] 

Sec. 2777. Kindergarten department. The board may estab- 
lish within any independent school district, in connection with the 
common schools, kindergarten departments for the instruction of 
children, to be paid for in the same manner as other grades and 
departments. Any teacher in kindergartens shall hold a certificate 
from the county superintendent certifying that the holder thereof 
has been examined upon kindergarten principles and methods, and 
is qualified to teach in kindergartens. • [26 G. A., ch. 38.] 

Sec. 2778. Contracts — election of teachers. The board shall 
carry into effect any instruction from the annual meeting upon mat- 
ters within the control of the voters, and shall elect all teachers and 
make all contracts necessary or proper for exercising the powers 

It is the province of the board to decide what branches besides those named by 
the electors, shall be included in the course of study and taught in the schools. 

5. The best use of the term graded or union school is that referring to a group 
of different schools or rooms containing scholars of varying ages and attainments, 
but divided by rooms and classes into the sections in which each may do the best 
work and gain for himself the greatest good. 

Section 2777. It may well be doubted whether the board in any district 
may provide for the instruction of children below the minimum school age. The 
constitution of the state does not seem to contemplate that public money shall be 
used to provide schooling for any below five years of age. 

SECTION 2778. 1. The law requires the board to make all contracts necessary 
to carry out any vote of the district, and the president to sign all contracts made 
by the board. Section 2759. 

2. It is the duty of the board to make contracts for the erection of school- 
houses, when the means have been provided by the electors. 

3. The electors frequently assume to exercise powers not granted them by the 
iaw. They have only such powers as are specifically named in the law. 

4. Boards should not involve the district in an indebtedness for the erection 
of schoolhouses by contracts and the issue of orders to exceed the amount voted 
by the electors, or of available schoolhouse funds. 

5. School townships have no authority to issue bonds or other evidences of 
indebtedness for the purpose of borrowing money. 

6. Unappropriated schoolhouse funds may be disposed of by the electors, 
under section 2749, for improvements, such as fencing schoolhouse sites, providing 
wells, etc , or the same may be transferred to either the teachers' or contingent 
fund, and the board is required to carry out the vote of the electors. 

7. Any unappropriated schoolhouse fund in the district treasury may be used 
for the erection or repair of schoolhouses, at the discretion of the board, without 
action of the electors. 

8. A lightning rod may be supplied as a part of a new house, and paid for 
from the schoolhouse fund. 51 Iowa, 412. 

9. The board may anticipate the levy and collection of schoolhouse taxes 
already voted, and issue orders to build as directed by the electors. 51 Iowa, 102. 

10. A vote may be rescinded, if matters have not become involved making 
such reconsideration impossible, such as the acceptance of a contract under the 
vote in question, or the filing of an appeal. 

11. All teachers must be selected by the board and the responsibility of choos- 
ing teachers may not be transferred to persons outside the board. 



46 SCHOOL LAWS OF IOWA. 

granted and performing the duties required by law. Contracts with 
teachers must be in writing, and shall state the length of time the 
school is to be taught, the compensation per week of five school 
days or month of four weeks, and such other matters as may be 

12. If a director desires to teach the school in his own subdistrict, he should 
resign as director. 

13. Ordinarily the board should make contracts only for the year during 
which it serves. 

14. Contracts for teaching may be made by the board to extend beyond the 
year, if the contracts are made in good faith and not for the purpose of forestall- 
ing the action of its successors. 

15. While instances may occur in which the interests of the district will be 
subserved by making contracts with teachers and others, which will not expire 
for months after a change of officers, courtesy as well as justice, dictates the 
impropriety of making contracts the execution of which will embarrass successors 
in office. 

16. While we may not give any opinion upon a question involving the 
validity of a contract, we advise that boards of directors do not make contracts 
with teachers for a longer term than a single year. 

17. The board should grant a compensation to be paid the teacher according 
to the circumstances and requirements of each school. 

18. Contracts must, in all cases, be made according to the instructions and 
directions of the board, and after being made they should be reviewed by the 
board before any work is done. 

19. The teacher is entitled to a copy of the contract. This copy should be 
signed by the president, and in all other respects should be a duplicate of the 
original contract. 

20. A board may not question nor discredit in a ay manner a valid certificate 
held by a teacher, but any board may require an additional examination or 
demand proof of special attainments desired by it before engaging a teacher. 

21. If the board adds extra branches to the course of study and expects them 
to be taught, then the person desiring to contract as teacher must first secure from 
the county superintendent a certificate for each of such additional branches. 

22. To the branches directed by the electors to be taught, the board of any 
district may add such other branches as it deems best to have taught. But before 
attempting to give instruction in any branch the teacher must have a certificate 
to teach such branch. 

23. It is the duty of our school authorities to provide for schools having non- 
English speaking scholars, the best instruction available, in order that all the 
children may acquire rapidly a correct use of English, and become acquainted 
as soon as possible, with the spirit and genius of our American institutions. 

24. A court will be likely to hold that an oral agreement with a teacher is a 
verbal contract, and that either of the parties may be compelled subsequently to 
execute the written instrument. 

25. A court will be likely to hold that a contract to teach made with a mem- 
ber of the board is in violation of law, contrary to public policy, and void. 

, 26. There is no direct provision of law to prevent the hiring of a relative or 
connection of a member of the board as teacher. 

27. A contract violating the terms of the law is wholly illegal and void, unless 
indeed the persons signing such contract expect to be held personally for its per- 
formance. 37 Iowa, 314. 

28. The law provides the manner in which a teacher may be discharged, and 
the parties to the contract may not attempt to provide any other method of ter- 
minating the contract. 82 Iowa, 686. 



SCHOOL LAWS OF IOWA. 47 

agreed upon, signed by the president and teacher, and filed wiih the 
secretary before the teacher commences to teach under such con- 
tract. [22 G. A., ch. 60; C.73, §§ 1723, 1757; R., §§ 2037, 2055. J 

Sec. 2779. Erection or repair of schoolhouse. It shall not 
erect a schoolhouse without first consulting with the county super- 
intendent as to the most approved plan for such building and secur- 
ing his approval of the plan submitted, nor shall any schoolhouse 
be erected or repaired at a cost exceeding three hundred dollars 
save under an express contract reduced to writing, and upon pro- 
posals therefor, invited by advertisement for four weeks in some 
newspaper published in the county in which the work is to be done, 

29. Any person interested in having a verbal contract carried into execution 
may apply to a court for a writ of mandamus to compel the signing of the written 
contract. In this way all matters in controversy will be brought before a court 
in such a manner as to secure a speedy and conclusive determination of the differ- 
ent questions involved. 

30. All matters agreed upon should be incorporated into the written contract. 
The tendency of our courts is to presume that the written contract embraces the 
entire agreement of the parties. 52 Iowa, 130. 

31. Without special mention in the teacher's contract, it is understood that 
only the usual common branches and those included in the course of study for the 
school, are expected to be taught. 

32. The president should require the teacher to produce the certificate, which 
ne should carefully examine before signing the contract. 

33. If it is desired that branches additional to those included in the certificate 
had by the teacher shall be taught, such fact should be mentioned as a part of the 
contract, and the teacher is required to have the certificate for such additional 
branch or branches, before beginning to teach. 

Section 2779. 1. Before making a contract great pains should be taken to 
obtain the best possible plan for the building. On this point the law requires 
consultation with the county superintendent. The written approval of the plan 
by the county superintendent should be secured. 

2. Contracts for the erection or repair of schoolhouses, or for material for the 
same, exceeding $300, cannot be entered into until proposals have been published 
at least twenty-eight days. Repairs include furniture. 

3. After the contract is executed, it should be changed with caution, or the 
sureties may be released. 50 Iowa, 98. 

•4. Contracts made in violation of the terms of this section are illegal. Their 
fultillment may be prevented by injunction. 

5. The local board of health has undoubted right to condemn and close for 
use as a schoolhouse a building unfit for such purpose. Section 2568. 

6. The district may not form a partnership in building a schoolhouse. But 
this does not prevent i*eceiving donations and granting privileges. 

7. District property is exempt from general taxation, from execution, from 
garnishment, and from mechanic's lien. 

8. A schoolhouse, being public property, is not subject to execution and there- 
fore is not subject to a mechanic's lien. 51 Iowa, 70. 

9 A school township may not issue bonds to build. When a schoolhouse tax 
has been voted, the board may anticipate its levy and collection and issue orders 
to build. Such orders may not bear a higher rate of interest than six per cent. 50 
Iowa, 102. Note 9 to section 2778. 

10. In building a schoolhouse, it is important to secure plans of the building, 
with full specifications as to its dimensions, style of architecture, number and size 
of windows and doors, quality of materials to be used, what kind of roef. number 
of coats of paint, of what material the foundation shall be constructed, its depth 



48 SCHOOL LAWS OF IOWA. 

and the contract shall be let to the lowest responsible bidder, bonds 
with sureties for the faithful performance of the contract being 
required, but the board may reject any and all bids and advertise 
fo new ones. [0.73, § 1723; R., § 2037.] 

Sec. 2780. Allowance of claims — settlements — compensa- 
tion of officers. It shall audit and allow all just claims against the 
corporation, and no order shall be drawn upon the treasury until the 
claim therefor has been audited and allowed; it shall from time to 
time examine the accounts of the treasurer and make settlements 
with him; shall present at each regular meeting of the electors a 
full statement of the receipts had and expenditures made since the 

below and its height above the surface of the ground, the number and style of 
chimneys and flues, the provisions for ventilation, the number of coats of plaster- 
ing and style of finish, and all other items in detail that may be deemed necessary. 
The plans and specifications should be attached to the contract, and the whole 
filed with the secretary. 

11. When a schoolhouse is built or repaired under contract, the board should 
not neglect to examine the work carefully in order to determine that the contract 
has been fully complied with, before it directs the payment of money. 

12. The aggregate amount to which the sureties are required to qualify is 
double the amount of the bond required. Code, section 358. 

13. As a rule it is unsuitable for a member of the board to become a surety 
for an officer of the board, or to appear as surety upon any other bond which is to 
receive the approval of the board. 

14. The board is sole judge as to what constitutes the lowest responsible bid- 
der. If the contract is regular in other respects, a court would not be likely to 
interfere, although lower bids in amount were offered, and rejected by the board. 

15. In case of failure to close the contract with the bid accepted under an 
advertisement, if it is desired to make a new attempt to contract, it will be neces- 
sary to advertise anew for bids. 

Section 2780. 1. It is the duty of the board to examine all contracts for the 
employment of teachers, the construction of schoolhouses, or for any other pur- 
pose, and to see that the stipulations have been complied with, before directing 
the payment of money thereon. 

2. If the board audits a claim and directs orders drawn, the officers of the 
board will be warranted in following the direction of the board, unless it is clearly 
manifest that an attempt is being made to violate a plain provision of law. The 
responsibility in such a case rests very largely with the board. 

3. This section contemplates that a full report of the affairs of the district 
shall be made by the board at each annual meeting of the electors. This work 
appropriately devolves upon the secretary, unless the board designates otherwise. 
When practicable the report may be published in a newspaper 

4. An order issued on a claim which has not been audited and allowed is void. 
39 Iowa, 490. 

5. Only the secretary and the treasurer may receive compensation for the 
discharge of duties required by law. 

6 The evident conclusion derived is that no member of the board may legally 
receive pay out of the funds of the district for any work done for the district in 
any capacity whatever. 

7. A court would be likely to hold a contract made with a member of the 
board, to be in violation of the law, contrary to public policy, and void. 

8. To pay any member of the board for the performance of official duties, is 
in direct opposition to the law, and an open violation of the oath of office. For 
locating sites, receiving buildings on the completion of contracts, or for any other 
■official duty, a member clearly cannot receive pay. 



SCHOOL LAWS OF IOWA. 49 

preceding meeting, with such other information as may be consid- 
ered important; and shall fix the compensation to be paid the secre- 
tary and treasurer. But no member of the board shall receive com- 
pensation for official services. [C. 73, §§ 1732-3, 1738, 1813; R., §§ 
2037-8; C51, §§ 114G, 1149.] 

Sec. 2781. Financial statement. It shall publish in each 
independent city or town district two weeks before the annual school 
election, by one insertion in one or more newspapers, if any are pub- 
lished in such district, or by posting up in writing in not less than 
three conspicuous places in the district, a detailed and specific state- 
ment of the receipts and disbursements of all funds expended for 
school and building purposes for the year preceding such annual 
election. And the said board of directors shall also at the same time 
publish in detail an estimate of the several amounts which, in the 
judgment of such- board, are necessary to maintain the schools in 
such district for the next succeeding school year. [C. '73, §§ 1734-5, 
1750; R, §§ 2037, 2054; C'51, § 1147.] 

Sec. 2782. Visiting schools — regulations — discharge of 
teacher — expulsion of scholar. It shall provide for visiting the 
schools of the district by one or more of its members and aid the 

9. If such a person desires to secure pay from the district there seems to be 
no other way than for him to refuse to become a member of the board, or if a 
member, to resign from the board. 

10. It is not within the power of the electors to vote compensation or remun- 
eration of any kind, to the members of the board or to officers of the board, for 
their official services. Nor may the board vote compensation to any member. 

11. The official trust of a member of the board may not be delegated. It is 
apparent that as there is no way in which a member may receive compensation 
for discharging official duties, he may not contract with another person to be paid 
from the district funds for performing the same services, as a substitute for the 
member of the board. 

Section 2781. 1. This statement should show the total receipts and expend- 
itures for each fund, followed by an estimate of the amount required for each 
fund, to maintain the schools for the ensuing year. 

2. The detailed and specific statement of the receipts and disbursement's of all 
funds expended, should be sufficiently itemized to show the amount received from 
each separate source, also the amount expended for each particular purpose. 

3. This statement is for the information of the electors, but they should not 
vote upon the amount of tax to be levied for contingent and teachers' fund, as 
these matters are determined by the board. Section 2806. 

4. The board must have the statement published at least once in a newspaper, 
if one is printed in the district. 

5. The fee for printing the statement is fixed by law. Code, section 1293. 

6. In preparing the annual statement for publication, minute details of all the 
items need not be given. This would render it uselessly troublesome to prepare, 
and expensive to publish. Such general results and classified items as will enable 
the electors fully to comprehend the proceedings of the board, are all that the law 
requires. The statistics of the school may be added if the board thinks proper, 
but the law does not require it. 

Section 2782. 1. A conscientious compliance with the requirements regard- 
ing visitation would greatly increase the efficiency of the schools. There are 
very many things that may be best ascertained by visiting the school, inspecting 
the work of the pupils, and conversing with the teacher. The teacher can accom- 
plish the best results only when he is sure of hearty co-operation and support. 
4 



50 SCHOOL LAWS OF IOWA. 

teachers in the government thereof, and enforcing the rules and regu- 
lations of the board. It may, by a majority vote, discharge any teacher 
for incompetency, inattention to duty, partiality, or any good cause, 

2. Boards have entire control over the public schools of their district and the 
teachers employed therein. 

3. Rules and regulations governing teachers and scholars may be adopted 
and enforced by the board, as the best interests of the schools may seem to 
require. Decisions, 15 and 32. 

4. The force and effect of any motion adopted by the board does not terminate 
with a change of officers or members, but remains in force until repealed. 35 
Iowa, 361. 

5. The teacher is the agent of the board, and rules made by him and enforced 
with either formal or tacit consent, are in effect the rules of the board. 

6. If it is understood that the principal of a school has charge of other rooms 
besides his own, he has the same power in managing the children that is by law 
given to other teachers. 

7. The privilege of free instruction in the public schools is one conferred by 
legislative enactment, under constitutional direction, and the privilege is subject 
to legislative regulation. The right to attend school is not absolute, but is con- 
ditional upon compliance with the rules and the essential conditions. 

8. At present the element of compulsion as regards attendance at school is not 
strong in our law. However, our courts hold that a board has power to require 
such a reasonable attendance in regularity as will not interfere with the progress 
of the school. 31 Iowa, 562 and 50 Iowa, 145. 

9. The board may prescribe a course of study and determine in connection 
with that course of study the time during the year in which certain specified 
branches shall be pursued. This is a necessity in order to an economical division 
of labor on the part of the teaching force, particularly in a large school. 

10. The parent cannot expect that a class shall be formed whenever asked for 
at any time in the school year, for the special accommodation of one or more to the 
disadvantage of the many and to the detriment of the school. 

11. It is quite necessary to carry out carefully a close plan of classification and 
instruction, and to provide what time in the year certain classes shall begin the 
study of the branches to be taught during that portion of the year. 

12. A condition may exist when for a short time a board may be compelled to 
provide by regulation that certain pupils shall attend only one-half of the day, 
and others of the same grade the other half. But such arrangement could not be 
regarded as a permanent one. 

13. If a board attempts to do the very best it can within the law to overcome 
the inconveniences surrounding it, leaving nothing undone which it might prop- 
erly be expected to do, it is discharging the duty incumbent upon it to provide 
equal school facilities for all. 

14. It is within the power of a board to require the study of the common 
branches, or of other elementary studies that are in the course of study adopted 
by the board, before advancing the scholar to other more difficult subjects. 

15. Scholars not able to carry the work of the classes being taught may yet be 
allowed to attend the school and get what good they may from listening to the 
work which is being done. In this way a child would not be absolutely excluded 
from the school privileges guaranteed to him by the law. 

16. If a child becomes the source of undue annoyance to others, although 
through no fault of his own, he may, if absolutely necessary for the good of the 
school, be forbidden attendance. 31 Iowa, 562, top of page 569. Note 58, below. 



SCHOOL LAWS OF IOWA. 51 

after a full and. fair investigation made at a meeting of the board 
held for that purpose, at which the teacher shall be permitted to be 
present and make defense, allowing him a reasonable time therefor. 

17. On the other hand the spirit of our laws does not support an interference 
with personal or individual rights except when such control or restriction may 
become absolutely necessary in order to protect others in the enjoyment of the 
rights guaranteed to them by the law. The true idea is to bring all of school age 
within the salutary influence of the school and to keep them there if possible. 

18. Undoubtedly the parent and teacher have joint control over the scholar 
on his way to and from school. Unless the parent claims and exercises supreme 
authority over the child, the board has control of him on the way between the 
school and his home. It may thus often become possible for the scholar to come 
within the control of the board as soon as he leaves home for school and continue 
within such control until he again reaches the home of the parent. It is very 
desirable that co-operation and a mutual desire to promote the best good of the 
scholar should be sought by the parents and the school authorities. 

19. It is the duty of the teacher, under the direction of the board, to deter- 
mine what branches can best be pursued by each scholar. 

20. Without special mention in the teacher's contract, it is understood that 
only the usual common branches and those included in the course of study for the 
school are expected to be taught. 

21. If it is desired that higher arithmetic, or any other advanced study, shall 
be taught in one or more schools in the district, the board should include such 
branch in the course of study for such school or schools. 

22. It is not within the province of individual persons to demand instruction 
outside the branches usually taught. 

23. Every scholar must study physiology and hygiene, including the effects 
of stimulants and narcotics, until the outline upon that branch, as prepared by 
the board, has been completed. Note 12 to section 2775. 

24. It becomes the duty of every teacher to follow the plan of work indicated 
in the course of study. When difficulties are met, if no other person has general 
supervision, the matter may be brought to the attention of the board. 

25. As regards classification, the board has absolute control. But as the 
teacher is by common consent presumed to know what will be best for all, custom 
has left to him the making of the program and the placing of scholars in the 
proper classes. In doing this, however, he acts for the board, and any complaint 
should not be made to the teacher, but to the board. 

26. If a scholar is found to be so deficient in the common branches that he is 
unable to take the work in a class more advanced, without detriment to the class 
and to himself, it is plain that he may be classified in each branch where he is 
likely to receive the greatest good. The penalty for not pursuing a suitable 
course of study will be found in the fact that such scholars may be denied promo- 
tion, and may not be allowed to graduate. 

27. In connection with the course of study, the board should designate the 
teaching helps and appai*atus to be used, and should also arrange to furnish such 
appliances as soon as they are needed. 

28. The teacher may be held responsible for the efficient discharge of every 
duty properly attached to his office, including the exercise of due diligence in the 
oversight and preservation of school buildings, grounds, furniture, apparatus, 
and other school property, as well as the more prominent work of instruction and 
government. 

29. Parties doing damage to school property are responsible for the same. 
The teacher is bound to exercise reasonable care to protect and preserve school 
property, and failing to do so may be held liable for damages. 



52 SCHOOL LAWS OF IOWA. 

It may by a majority vote expel any scholar from school for 
immorality or for a violation of the regulations or rules established 
by the board, or when the presence of the scholar is detrimental 

30. If the rules and regulations of the board do not provide otherwise the 
teacher has the right in proper cases to inflict corporal punishment upon refrac- 
tory scholars. In the proper exercise of his authority, to maintain good order, 
and to require of all the scholars a faithful performance of their duties, the 
teacher is entitled to the support and co-operation of the board . 

31. In the choice of a kind of punishment and in the selection of an instru- 
ment, as well as in determining the degree of punishment to be administered, the 
teacher must exercise a sound discretion. 

32. Corporal punishment is best reserved as a last resort and should be used 
only when it is believed that no other gentler measure will secure the reforma- 
tion of the offender. Dismissal from school by the proper authority is a still more 
extreme remedy than corporal punishment. 

33. It is the duty of the board to see that schoolhouses are kept in repair, 
clean, and in good order for school use. Neither the teacher nor the scholars 
should be expected to scrub or wash out the schoolhouse. The light sweeping 
of daily use is often done by them on their own motion, but this cannot be required 
of the scholars, nor of the teacher unless she contracts to take special care of the 
house in such respects. 

34. A board should have a house cleaned as frequently as the house needs 
such attention in order to keep it in good order for school use. No member of 
the board may receive pay for such work, but any other person may be paid from 
the contingent fund. 

35. The law does not contemplate that janitor work shall be done by the 
scholars and neither the teacher nor the board may require that a scholar shall 
bring fuel into the school room. If a scholar has made unnecessary litter in the 
school room or about his seat he maybe required as a punishment to sweep up the 
same. But this is quite another matter than doing the ordinary janitor work. 

36. Making fires and sweeping the school room are not, properly, a part of the 
teacher's duties. In rural districts teachers frequently perform this labor as a 
matter of convenience and economy. Those unwilling to do this work, or who 
expect to receive pay for it, should so stipulate when entering into the contract 
to teach. Section 2778. Decisions, 26. 

37. The board, for what seem good reasons, may order a short vacation. 
But the term included in the contract cannot be shortened, without the consent 
of both parties. Note 52, below. 

38 It is lawful for a board to give teachers holidays and not deduct pay, and 
quite usual. The teacher, however, may not claim it as a right. 

39. If a teacher is at the schoolhouse at the proper time, and remains during' 
school hours, he is entitled to pay therefor, according to his contract, whether 
scholars are present or not 

40. As a rule it is highly undesirable to close a school on account of an epi- 
demic. But if the local board of health, or the board of directors, closes a school 
on account of the presence of a contagious disease, or for like reason, the teacher 
is entitled to pay upon his contract. 

41. When a school is closed for a short time, for causes beyond the control 
of the teacher, the courts will be likely to hold that the teacher is entitled to his 
pay according to the terms of his contract. Such cases are best settled by 
compromise between the parties. 

42. If the schoolhouse is destroyed, or the school is closed indefinitely by 
causes beyond the control of either party to the contract, the teacher being ready 
to comply with his part, can collect pay according to contract. If said teacher 



SCHOOL LAWS OF IOWA. 53 

to the best interests of the school, and it may confer upon any 
teacher, principal or superintendent the power temporarily to dis- 
miss a scholar, notice of such dismissal being at once given in writ- 
uses proper diligence to secure employment at something which he can do, and 
secures such employment, the district will pay him the difference between the 
amount received in his new work and the amount of his wages under the contract. 
In other words, his actual loss should be made good. 

43. Teachers are entitled to the support and co-operation of the board. It is 
alike due to the dignity of the board and the rights of the teacher that no one 
should be discharged except after thorough investigation and the clearest proof. 
If possible the teacher should be shielded from the stigma of discharge. 

44. In the trial of a teacher, when it is sought to dismiss him, all the pro- 
visions of law must be strictly complied with. The board must allow the teacher 
to make a full defense, and the teacher may appear by attorney, or otherwise, as 
he chooses. 

45 Boards may dismiss teachers only for good cause shown In case the 
board passes an order to dismiss, the material reason therefor should be spread 
upon the record, for, while in case of contest, these reasons would not be con- 
clusive against the teacher, the board would be estopped from presenting other 
reasons than those named in the record. 

46. When a teacher is unjustly dismissed, an appeal may be taken from the 
action of the board in dismissing him, but a suit at law must be brought, if he 
seeks to recover his pay upon the contract The teacher should be paid only to 
the date of legal dismissal. 53 Iowa, 585 69 Northwestern Reporter, 419 

47. The order of the board discharging or refusing to discharge a teacher is 
more largely a discretionary than a judicial act. In this, as in other matters, the 
very large discretionary powers of the board must be respected, and on appeal 
their conclusion may not be questioned without the most convincing testimony. 

48. The contract with a teacher may be terminated by discharge after the 
investigation provided for in this section, by revocation of certificate, by compro- 
mise, or by default of either party. 

49. By universal consent, and certainly by the spirit of our school law, it is 
expected of teachers that they refrain from improper language, keep the Sabbath 
day with respect, and in every other way avoid practices or company that are 
demoralizing in their tendencies. 

50. This section provides the only manner in which a teacher may be dis- 
charged, and the parties to the contract. should not attempt to provide any other 
method of terminating the contract. A discharge by any other method is wrong- 
ful. 82 Iowa, 686. 

51. The certificate being in the nature of a commission cannot be attacked 
collaterally. 

52. The obligations between the parties to a contract to teach are reciprocal. 
A teacher would have good cause to complain if a board desired to remove her 
because it had an opportunity to secure a better teacher. Yet in such a case if an 
agreement could be made annulling the contract, such arrangement would be 
legal. But the teacher may insist that the board keep its part of the contract in 
the same spirit that she intends to keep hers. It would seem to be the same if it 
is the teacher who desires to have the contract annulled. 

53. The regulations of the state board of health require every person entering 
any public school to give satisfactory evidence of protection by vaccination. Local 
boards of health have the power to require protection in all schools, and of all 
children, or even all persons within their jui'isdiction. It is well established that 
schools are among the most prolific sources of the spread of contagious diseases. 



54 SCHOOL LAWS OF IOWA. 

ing to the president of the board. When a scholar is dismissed by 
the teacher, principal or superintendent, as above provided, he may 
be re-admitted by such teacher, principal or superintendent, but 

54. The board should exclude children coming from houses where there are 
contagious diseases, and should enfor«e the rule that children not vaccinated shall 
not be admitted until they conform to the regulation demanding such protection. 

55. The board has full control in all matters relating to the government and 
welfare of the schools. A scholar subject to fits or spasms may be excluded from 
school by the majority of the board if the presence of such scholar is thought to 
interfere materially with the progress of the school. Any one aggrieved with 
the exclusion of such scholar has the speedy remedy of application to a court 
for his reinstatement. Note 16 to section 2782. 

56. It is the duty of every board of directors to co-operate with the local board 
of health in encouraging the vaccination of all school children not already pro- 
tected by vaccination. The board of directors may not compel vaccination, but 
the majority vote of the board will exclude from the schools any who will not 
comply with such reasonable rule of the board of health. 

57. The board will be justified in refusing to permit the attendance of a child 
whose parent will not consent that the scholar shall obey the rules of the school. 
31 Iowa, 562 and 50 Iowa, 145. 

58. The right to attend school is not absolute, but is conditional upon compli- 
ance with the rules and the essential conditions. 

59. A board may not adopt a rule which will deprive a child of school privi- 
leges, except as a punishment for breach of discipline or an offense against good 
morals. 56 Iowa, 476. 

60. Any rule of the school, not subversive of the rights of the children or par- 
ents, or in conflict with humanity and the precepts of divine law, which tends to 
advance the object of the law in establishing public schools, must be considered 
reasonable and proper. 31 Iowa, 562. 

61. It is competent for boards to provide by rules that pupils may be suspended 
from the schools in case they shall be absent or tardy a certain number of times 
within a fixed period, except for sickness or other unavoidable cause. 31 Iowa, 562. 

62. The parent has no right to interfere with the order or progress of the 
school by detaining his chiid at home, or by sending him at times that prove an 
annoyance or hindrance to others. 31 Iowa, 562. 

63. If the effects of acts done out of school hours reach within the school room 
during school hours, and are detrimental to good order and the best interests of 
the pupils, it is evident that such acts may be forbidden. 31 Iowa, 562. 

64. We believe our courts will sustain boards in recognizing flagrant offenses 
having a direct and immediate tendency to injure the school, to bring contempt 
upon the teacher, or to subvert the authority of the board, even though such 
offenses may be committed away from the school grounds, and out of school hours. 
And if boards find it necessary in their opinion, to adopt and enforce reasonable 
regulations in such cases, we believe their action will not be interfered with. 

65. The law does not provide that the board is compelled to give scholar or 
parents notice or chance for defense, before ordering suspension or expulsion of the 
scholar. The board has large discretionary powers. This is one of the matters 
wholly within its discretion. But it would be well for the board carefully to 
investigate the charges, before dismissing any scholar. Decisions, 32. 

66. For good cause, a teacher may suspend without fixing the time, notice 
being also at once given to the board. 

67. Suspension is the separation of the scholar from the school for a limited 
time, and it may be either for bad conduct, for unnecessary absence, or as a sani- 
tary measure. 



SCHOOL LAWS OF IOWA. 55 

when expelled by the board he may be re -admitted only by the board 
or in the manner prescribed by it. [Same.] 

Sec. 2783. Use of contingent fund — free text-books. It 
may provide and pay out of the contingent fund to insure school 
property such sum as may be necessary, and may purchase diction- 

68. The period of time fixed by the board during which suspension or expul- 
sion shall be in force, should be clearly indicated in the vote of the majority of the 
board, as spread upon the records. Conditions upon which earlier readmission 
is provided for, may very properly be given in the same connection. 

69. The true idea is to bring all within the salutary influence of the school, and 
to drive none out, but cases sometimes occur in which it becomes necessary for the 
board to protect the rights of the many by excluding a scholar whose presence 
and example are a constant menace to the successful progress of the school. 

70. The teacher has control over scholars during school hours, unless restricted 
by a rule of the board. He may require a scholar to remain in his seat during 
recess as a punishment. However, it is not wise to deprive children, to any great 
extent, of the exercise necessary to their physical well-being. 

71. The board has as full control over scholars during recess as at other times 
within the school hours fixed by the board. 

72. A teacher may not detain a scholar after school hours, against the wish of 
the parent. It is the presumption that the parent is entitled to the assistance and 
company of the child, except during the time said child is actually within the 
control of the school authorities for the purposes of instruction. 

73. Teachers should exercise watchful care and oversight as regards the con- 
duct and habits of their scholai's, not only during school hours, recesses and 
intermissions, but also within reasonable limits while they are coming to and 
returning home from school. 

74. For good cause, a teacher may excuse a scholar from school work without 
fixing the time, and require him to leave the school premises, notice being also 
at once given to the director or to the president of the board. 

75. The teacher is responsible for the discipline of his school, and for the prog- 
ress and deportment of his scholars. It is his imperative duty to maintain good 
order and require of all a faithful performance of their duties. If he fails to do so 
he is unfit for his position. To enable him to discharge these duties effectually, 
he must necessarily have the power to enforce prompt obedience to his requests. 
For this reason the law gives him the power, in proper cases, to inflict punish- 
ment upon refractory scholars. Decisions, 15. 

76. In applying correction, the teacher must exercise sound discretion and 
judgment, and should choose a kind of punishment adapted not only to the offense, 
but to the offender. Corporal punishment is a severe remedy, and its use should 
be reserved for the baser faults. Decisions, 14. 

77. In 50 Iowa, 145, the suggestion is made that expulsion by the board rather 
than severe corporal punishment by the teacher, is a good remedy in case of 
repeated and continuous violation of the rules. 

78. In the school as in the family there exists on the part of the childreu the 
obligation of obedience to lawful commands, subordination, civil deportment, 
respect for the rights of others, and fidelity to duty. These obligations are inher- 
ent in any proper school system, and constitute the common law of the school. 
Every scholar is presumed to know this law, and be subject to it, whether it has 
or has not been by the board placed in the form of written rules and regulations. 

Section 2783. 1. This section confers upon all boards the right to insure 
property. This duty should not be neglected. 

2. Purchases of records, dictionaries, apparatus, and similar supplies for the 
use of the district may not be made by contract under section 2824, but all such 
articles will be bought under this section. Note 4 to section 2824. 



56 SCHOOL LAWS OF IOWA. 

aries, library books, maps, charts and apparatus for the use of the 
schools thereof to an amount not exceeding twenty-five dollars in 
any one year for each school room under its charge; and may fur- 
nish school books to indigent children when they are likely to be 
deprived of the proper benefits of school unless so aided; and shall, 
when directed by a vote of the district, purchase and loan books to 
scholars, and shall provide by levy of contingent fund therefor. [26 
G. A., ch. 37; 25 G. A., ch. 34; 21 G. A., ch. 107; 19 G. A., ch. 149, 
§ 1; C'73, § 1729.] 

Sec. 2784. Water-closets. It shall give special attention to 
the matter of convenient water-closets or privies, and provide on 
every schoolhouse site, not within an independent city or town dis- 
trict, two separate buildings located at the farthest point from the 
main entrance to the schoolhouse, and as far from each other as may 
be, and keep them in wholesome condition and good repair. In inde- 
pendent city or town districts, where it is inconvenient or undesirable 
to erect two separate onthouses, several closets may be included 

3. Secure provision should be made by the board for the usual necessary con- 
tingent expenses of the schools during the year, before contingent fund is taken 
to purchase any of the articles named in this section. Section 2768. 

4. There can be no doubt that one of the purposes of the school is to teach 
patriotism to the children. The board may use available contingent funds to 
purchase a flag to be used as apparatus in the school room, on the school build- 
ing, or upon the school grounds. 

5. A purchase of apparatus made with the consent of the board when not in 
session, is a direct violation of the law. A member of the board who does not 
wish to become implicated in a transaction discreditable to the board and unprofit- 
able to the district should refuse his consent to such an agreement. 

6. Members of boards giving orders for apparatus in their individual capacity 
assume personal responsibility and may thus render themselves liable for payment 
as individuals. 

7. The members of a school board cannot, by a prearrangement or contract 
entered into when not in session, bind themselves afterwards to ratify or confirm 
contract or engagement thus entered into. The distinction here is that while 
a board, in session, may ratify a contract made out of session, the members 
cannot individually bind themselves to do so 

8. These provisions afford all districts the opportunity to supply free books, 
so that every child may continuously enjoy the privileges of school. It is believed 
that if districts will take action in accordance with the spirit of the law, the per- 
centage of attendance at school can be materially increased, and the usefulness 
of our schools to all the children, greatly enhanced. 

9. Much of the success of free text-books will depend upon the rules and 
regulations adopted by the board to govern the use and care of such books. The 
board should take more than the usual pains to adopt plain, comprehensive, and 
effective rules for the guidance of all concerned. 

Section 2784. 1. This provision of the law requiring it to take special pains 
with regard to outbuildings is mandatory upon every board. A director may not 
refuse to carry into effect instructions from the board with regard to such a mat- 
ter And a board refusing to give attention to the subject risks a censure from a 
court if its failure or refusal to provide proper facilities as regards privies or 
water-closets is brought to the attention of a court Section 2822. 

2 The last part of the section means that when separate water-closets out of 
doors are included under one roof, then the fence to separate the approaches 
shall be built in the form directed When outhouses are distinct and at a dis- 
tance from each other, the law dees not require the fence to be built. 



SCHOOL LAWS OF IOWA. 57 

under one roof, and if outside the schoolhouse each shall be sepa- 
rated from the other by a brick wall, double partition, or other solid 
or continuous barrier, extending' from the roof to the bottom of the 
vault below, and the approaches to the outside doors for the two 
sexes shall be separated by a substantial close fence not less than 
seven feet high and thirty feet in length. [25 G. A., ch. 3.] 

Sec. 2785. Duties of director — contracts. The board of 
directors of a school township may authorize the director of each 
subdistrict, subject to its regulations, to make contracts for the pur- 
chase of fuel, the repairing or furnishing of schoolhouses, and all 
other matters necessary for the convenience and prosperity of the 
schools in his subdistrict. Such contracts shall be binding upon the 
school township onl}' when approved by the president of the board, 
and must be reported to the board. Each director shall, between 
the first and tenth days of September in each year, prepare a list of 
the heads of families in his subdistrict, the number and sex of all 

3. Every teacher worthy of the name will see to it that this law is observed 
in its spirit, and will call the attention of the board to any necessity for special 
action on its part. In country districts it is highly desirable that the teacher 
should carry the keys to the outbuildings, and should bestow no less of watchful 
care upon them than is given to the schoolhouse itself 

4. If any person wilfully write, make marks, or draw characters on the walls 
or any other part of any church, college, academy, schoolhouse, court house or 
other public building, or on any furniture, apparatus or fixtures therein; or wil- 
fully injure or deface the same, or any wall or fence inclosing the same, he shall 
be fined not exceeding one hundred dollars, or imprisoned in the county jail not 
more than thirty days. Code, section 4802. 

5. Very much depends upon teachers to determine the manner in which this 
law is observed A listless indifference, a half-hearted activity, a want of confi- 
dence, will defeat the purpose of the law for the time at least. Serious considera- 
tion, a high-minded approbation of its intention, a courageous insistence upon its 
observance, together with untiring attention and frequent inspection, will make 
the law a continued success No conscientious teacher will be irresolute, when 
the immeasurable interests involved are regarded. 

6. Teachers should not hesitate to bring the case of persistent offenders to 
the attention of the board. As a last resort it may become necessary for the 
board to invoke the assistance of the peace officers. It sometimes happens that 
nothing less than the strong arm of the civil authorities is able to compel a 
respect for law, and a decent regard for the rights of others. No community 
may justly claim to be a moral people, and knowingly fail to guard and preserve 
the purity, the morals, and the health, of its children and youth. 

SECTION 2785. 1. It is a general statement that nearly all the powers of the 
director are to be exercised under the regulations of the board. Any person 
about to contract is bound to know what restrictions have been made, and should 
be governed accordingly. 

2. The director is clothed with certain general powers by this section, but 
these are to be exercised under the direction of the board. The board must 
instruct him, for example, as to the extent of repairs, and prices paid for same, 
and the amount and cost of fuel. 

3. School officers are possessed of specially defined powers and should attempt 
to exercise no others, except such as arise by fair implication from those granted. 

4. No director has authority to make a contract in behalf of the school town- 
ship, except under specific instructions of the board. 

5. All contracts made by the director must be approved by the president and 
reported to the board. 



58 SCHOOL LAWS OF IOWA. 

children of school age, and by the fifteenth day of said month report 
this list to the secretary of the school township, who shall make full 
record thereof. The powers specified in this section cannot be exer- 
cised by individual directors of independent districts. [C. 73, §§ 
1753-5; R., §§ 2052-3; C. '51, §§ 1124, 1142.] 

Sec. 2786. Industrial exposition. The board of any school 
corporation or the director of any subdistrict deeming it expedient 
may, under the direction of the county superintendent, hold and 
maintain an industrial exposition in connection with the schools of 
such district, such exposition to consist in the exhibit of useful arti- 
cles invented, made or raised by the pupils, by sample or otherwise, in 
any of the departments of mechanics, manufacture, art, science, agri- 
culture and the kitchen, such exposition to be held in the school 
room, on a school day, as often as once during a term, and not oftener 
than once a month, at which the pupils participating therein shall 
be required to explain, demonstrate or present the kind and plan of 
the articles exhibited, or give its method of culture; and work in 

6. If a director intentionally violates law he becomes personally liable. 14 
Iowa, 510; 17 Iowa, 155; 24 Iowa, 337, and 38 Iowa, 47. 

7. If an agent makes a valid contract without authority, he is himself bound 
thereby. 37 Iowa, 314. 

8. It is a violation of law for a board to pay any member of the board for labor 
as a building committee, for attendance at meetings, or for any other service 
performed for the district, whether official in character or not. Section 2780. 

9. A member may not be employed by the board to oversee the building of a 
schoolhouse and receive pay therefor, or to act in any like capacity for which he 
would be paid from the funds of the district. Such engagement is contrary to 
public policy and clearly illegal. 78 Iowa, 37, and 87 Iowa, 81. 

10. It is the duty of the director to file any contract at once with the presi- 
dent of the board, and secure his approval. 

11. No director has power to bind the district by any contract, unless he is 
authorized by the board to make such contract. A person making a contract 
without authority may become himself bound. The president may not lawfully 
approve a contract unless it is made in accordance with all the limitations imposed. 

12. The approval of the director's contract by the president is a mandatory 
act, which he cannot refuse to perforin, if the contract is made in compliance 
with instructions from the board, and otherwise conforms to the law. 

13. The record book correctly filled out will be of much assistance to the 
director each year. Form 34. 

14. Children at a state institution, or a private school, should not be enumer- 
ated, unless they actually reside in the subdistrict. 

15. The failure of a director to make the report, as required by this section, 
will reduce the semi-annual apportionments for the year, since they are made 
upon the enumeration of persons of school age. Note 4 to section 2739. 

16. In school townships the secretary should require every director to make 
this report promptly, and should insist that it be made in writing, and certified 
to be correct. 

17. A wilful failure or refusal on the part of the director to make the report 
to the secretary as required, may be found by the courts to be a misdemeanor. 
Code, section 4904, and section 2822.. 

18. In case a director fails to make his annual report as required the secre- 
tary should at once collect the statistics necessary for a complete report. The 
board should insist on promptness in preparing this report, and then should give 
the secretarv a suitable compensation for his labors. Sections 2764 and 2765. 



SCHOOL LAWS OF IOWA. 59 

these several departments shall bo encouraged, and patrons of the 
school invited to be present at each exhibition. [15 G. A., ch. 64.] 

Sec. 2787. Shade trees. The board of each school corporation 
shall cause to be set out and properly protected twelve or more shade 
trees on each schoolhouse site where such trees are not growing. 
The county superintendent, in visiting the several schools of his 
county, shall call the attention of any board neglecting to comply 
with the requirements of this section to any failure to carry out its 
provisions. [19 G. A., ch. 23.] 

Sec. 2788. Teacher — qualifications. No person shall be 
employed as a teacher in a common school which is to receive its 
distributive share of the school fund without having a certificate of 
qualification given by the county superintendent of the county in 
which the school is situated, or a certificate or diploma issued by 
some other officer duly authorized by law, and no compensation shall 
be recovered by a teacher for services rendered while without such 
certificate or diploma. [C. 73, § 1758; R., § 2062.] 

Sec. 2789. Keep register— report. Each teacher shall keep 
a daily register which shall correctly exhibit the name or number 
of the school, the district and county in which it is located, the day 
of the week, month, year, and the name, age and attendance of 

Section 2787. Trees should be set out on all schoolhouse sites where good, 
thrifty shade trees are not already growing, whether such site was secured by 
purchase, by lease, by gift, or by condemnation under sections 2814-2816. 

Section 2788. 1. The teacher must have a certificate during the wh-ile term 
of school. He is not authorized to teach a single day beyond the period named 
in his certificate, nor to give instruction in any subject which he does not hold a 
valid credential to teach. 

2 If a person is teaching without a certificate any one interested in a legal 
sense may apply to a court for a writ to prevent the board from continuing such 
instruction, and to restrain the board from paying for the same. 

3. A teacher's contract is sometimes binding though irregular in some 
respect. A board should not have the benefit of the services of a teacher without 
remunerating him. In some cases the board may be held personally liable to pay 
the teacher. 

4. In an Illinois case a certificate was not obtained until the middle of the 
term A new contract was entered into at that time to pay the teacher double 
wages for the remainder of the term. This was considered an attempt to do 
indirectly what there was no power to do directly, and therefore the contract was 
held to be void, as was the original contract. 

5. In case of the temporary absence of the teacher, from sickness or other 
cause, the place should be supplied with some one duly authorized to teach. The 
supply should be paid by the teacher whose place is filled. 

6 In case a person is employed or continued as a teacher in violation of law 
without a certificate, a resident of the district may sue out a writ of injunction 
restraining the person from teaching and the distinct from paying. Boards 
employing and paying such teachers are liable to prosecution under the provi- 
sions of the general statutes for misapplication of funds Code, sections 4904- 
4906 and section 2822. 

Section 2789. 1. Every teacher should take great pains to keep the register 
required by this section very carefully, in order that the term report may be made 
out correctly. By doing so the secretary will be able to make his annual report 
with greater ease, and with added accuracy. Form 35. 

2. The board may authorize the president and the secretary to draw warrants 
for the payment of teachers' salaries at the end of each school month, upon proper 



60 SCHOOL LAWS OF IOWA. 

each scholar, and the branches taught; and when scholars reside 
in different districts separate registers shall be kept for each dis- 
trict, and a certified copy of the register shall immediately at the 
close of the school be filed by the teacher in the office of the secre- 
tary of the board. The teacher shall file with the county superin- 
tendent such reports and in such manner as he may require. [C. 73, 
§§ 1759-60; R., § 2062. J 

Sec. 2790. New township. When a new civil township is 
formed, the same shall constitute a school township, which shall go 
into effect on the first Monday in March following the completed 
organization of the civil township. The notices of the first meeting 
shall be given by the county superintendent, and at such meeting a 
board of three directors shall be chosen. [C. '73, § 1713.] 

Sec. 2791. Attaching territory to adjoining corporation. 
In any case where, by reason of natural obstacles, any portion of 
the inhabitants of any school corporation in the opinion of the 
county superintendent cannot with reasonable facility attend school 

evidence that the service has been performed, but the order for wages for the last 
month should not be drawn until the report required by this section is filed in the 
office of the secretary. Without this register he cannot prepare his annual report 
as the law directs it to be made. The secretary should carefully examine the 
register to see whether the record is complete in all respects. Form 36.. 

3. It is the duty of every board to see that the teachers comply strictly with 
all requirements made by the county superintendent, as well as with all rules 
made by the board. Decisions, 54. 

4. Every teacher in the county may be required to make such reports, agree- 
ing with the spirit of the law, as the county superintendent may request, in such 
form and at such reasonable times as the county superintendent may determine. 

5. The continued refusal to comply with all uniform and reasonable regula- 
tions made by the county superintendent, or by a board, on the part of any one 
employed as teacher, constitutes good cause for revocation or subsequent refusal 
of certificate, or for dismissal by the board. Sections 2737 and 2782. 

Section 2790. 1. The design of the law is that civil and school township 
boundaries shall coincide as far as possible. Code, sections 551-552 and section 
2743. 

2. A new school township is not organized until the March after an election of 
officers for the civil township. 

3. The boundaries of subdistricts lying wholly within the old or new school 
townships are not affected by the division of civil townships. 

4. When subdistricts are divided by changes in civil township boundaries, 
the boards should incorporate the several parts with other subdistricts, or other- 
wise provide for such territory, so that all entitled may vote at the following sub- 
district election. In the absence of such action the territory properly belongs to 
the subdistrict which it adjoins, and the voters shoald be allowed to vote therein. 

Section 2791. 1. The natural obstacle muse be a large stream unbridged, an 
impassable slough, the entire absence of a public highway, or some such natural 
insurmountable difficulty. 

2. Streams well bridged and distance are not natural obstacles in the contem- 
plation of the law. 

3. As the county superintendent has original concurrent jurisdiction, an appeal 
cannot be taken from refusal by the board to accept the territory. Decisions, 44. 

4. When the boundaries of districts are changed, the territory transferred 
carries with it a just proportion of all assets and liabilities of the district from 
which it is taken. Section 2802. 



SCHOOL LAWS OP IOWA. 61 

in their own corporation, he shall, by a written order, in duplicate, 
attach the part thus affected to an adjoining school corporation, the 
board of the same consenting thereto, one copy of which order shall 
be at once transmitted to the secretary of each corporation affected 
thereby, who shall record the same and make the proper designation 
on the plat of the corporation. Township or county lines shall not 
be a bar to the operation of this section. [C. '73, § 1797.] 

Sec. 2792. Restoration. Where territory has been or may 
hereafter be set off to an adjoining school township in the same or 
another county, or attached for school purposes to an independent 
district so situated, it may be restored to the territory to which it 
geographically belongs upon the concurrence of the respective 
boards of directors, and shall be so restored by said boards upon 
the written application of two-thirds of the electors residing upon 
the territory so set off or attached, together with a concurrence of the 
county superintendent and the board of the school corporation which 
is to receive back the territory. [19 G. A., ch. 1G0; 18 G. A., ch. 
Ill; C. '73, § 1798.] 

Sec. 2793. Boundary lines changed. The boundary lines of 
contiguous independent districts within the same civil township 
may be changed by the concurrent action of the respective boards 
of directors at their regular meetings in September, or at special 
meetings thereafter called for that purpose. The independent dis- 
trict from which territory is detached shall after the change contain 
not less than four government sections of land, and its boundary 
lines shall conform to the lines of congressional divisions of land. 
[22 G. A., ch. 62, § 1.] 

Sec. 2794. Formation of independent district. Upon the 
written petition of any ten voters of a city, town or village of over 
one hundred residents to the board of the school township in which 
the portion of the town plat having the largest number of voters is 
situated, such board shall establish the boundaries of a proposed inde- 
pendent district, including therein all of the city, town or village, 

Section 2792. 1 It will be noticed that two distinct and separate methods are 
provided by this section. 

2. The restoration may take effect at any time agreed upon, but if no agree- 
ment is made, it will take effect the following March. 59 Iowa, 109. 

3. When the boundaries of districts are changed, the territory transferred 
carries with it a just proportion of all assets and liabilities of the district from 
which it is taken. 58 Iowa, 77. Section 2802. 

4. Where the law is mandatory in requiring a board to act upon a petition, 
the remedy for its refusal to do so is mandamus, and not appeal. 86 Iowa, 669. 

5. Any conflict between districts with regard to boundaries will be best deter- 
mined by the one aggrieved asking a court to restrain the county treasurer from 
paying taxes to the other district, on the ground that the district complaining is 
entitled to receive said taxes. 69 Northwestern Reporter, 1009. 

Section 279-1. 1. The one hundred inhabitants must be contained within the 
limits of the town or village. Additional territory should be secured by the 
board in forming the new independent school district. Usually, territory equiva- 
lent to about four to six government sections, will constitute a proper district. 

2. An independent school district cannot be formed from a city, town or 
village situated within an independent district, because no school township board 
can establish the boundaries as required. 

3. The last official census will, as a general rule, be sufficiently accurate to 
determine questions relating to the population, but in case of doubt, the actual 



62 SCHOOL LAWS OF IOWA. 

and also such contiguous territory as is authorized by a written 
petition of a majority of the resident electors of the contiguous ter- 
ritory proposed to be included in said district, in not smaller subdi- 
visions than entire forties of land, in the same or any adjoining 
school townships, as may best subserve the convenience of the 
people for school purposes, and shall give the same notices of a 
meeting as required in other cases, at which meeting all voters upon 
the territory included within the contemplated independent district 
shall be allowed to vote by ballot for or against such separate 
organization. When it is proposed to include territory outside the 
town, city or village, the voters residing upon such outside terri- 
tory shall be entitled to vote separately upon the proposition for 
the formation of such new district, by presenting a petition of at 
least twenty-five per cent of the voters residing upon such outside 
territory, and if a majority of the votes so cast is against including 
such outside territory, then the proposed independent district shall 
not be formed. [19 G. A., ch. 118, § 1; 18 G. A., ch. 139; C. 73, §§ 
1800-1; R., §§ 2097, 2105.] 

Sec. 2795. Organization. If the proposition to establish an 
independent district carries, then the same board shall give the 
usual notice for a meeting to choose a board of directors. Two 
directors shall be chosen to serve until the next annual meeting, two 

existing facts govern, which may be ascertained by any reliable means. 77 Iowa, 
676. Code, section 177. 

4. The contemplated independent school district must include all of the city, 
town or village, and may include as much contiguous territory as seems desirable. 
It is not limited by subdistrict lines, but may include a part or all of two or more 
subdistricts, in the same or in adjoining school townships. 

5. When the boundaries extend beyond the limits of a town or city, they must 
conform to lines of congressional divisions of land. Note 9 to section 2801. 

6. The board of the school township in which a majority of the voters on the 
town plat resides, may establish the boundaries of said district without the con- 
currence of any other board, even when said territory is taken from two or more 
civil townships in the same or in adjoining counties. 

7. The notices of the election to determine the question of a separate organi- 
zation should state clearly the boundaries of the proposed district. 

8. All of the electors residing within the proposed limits must be permitted 
to vote on the question of separate organization. 

9. The president and secretary of the school township should act as chairman 
and secretary of this meeting, and with one of the board, as judges of the election. 

10. The incorporation of a town does not in itself affect the school organiza- 
tion of the district in which the town may be situated. 

11. Town sites platted and unincorporated shall be known as villages. Code, 
section 638. 

Section 2795. 1. The first board will enter upon its duties as soon as quali- 
fied and will organize by choosing a president and a secretary. The term of 
office of the president will expire on the third Monday in the following March, 
that of the secretary, on the third Monday in the next September. A treasurer 
to serve until the third Monday in the following March, will be chosen by the 
electors at the time directors are chosen. 

2. The secretary should immediately file with the county superintendent, 
auditor and treasurer, each, a certificate, showing the officers of the board, and 
their postoffice address. All subsequent changes made in the officers of the 
board should be reported. Section 2766. 

3. The secretary and treasurer must qualify within ten days. Section 2760. 



SCHOOL LAWS OP IOWA. 63 

until the second, and one until the third annual meeting thereafter. 
The board shall organize by the election of officers in the usual man 
ner. [15 G. A., ch. 27; 0.73, § 1802; R., §§ 2099, 2100, 2106.] 

Sec. 2796. Taxes certified and levied. The organization oi 
such independent district shall be effected on or before the first day 
of August of the year in which it is attempted, and, when completed, 
all taxes certified for the school township or townships of which the 
independent district formed a part shall be void so far as the prop- 
erty within the limits of the independent district is concerned, and the 
board of such independent district shall fix the amount of all neces- 
sary taxes for school purposes, including schoolhouse taxes, at a 
meeting called for such purpose at any time before the third Monday 
of August, which shall be certified to the board of supervisors on or 
before the first Monday of September, and it shall levy said tax at 
the same time and in the same manner that other school taxes are 
required to be levied. [C'73, § 1804.] 

Sec. 2797. Rural independent districts. At any time before 
the first day of August, upon the written request of one-third of the 
legal voters in each subdistrict of any school township, the board 
shall call a meeting of the voters of the subdistrict, giving at least 
thirty days' notice thereof by posting three notices in each subdis- 
trict in each school township, at which meeting the voters shall vote 
by ballot for or against rural independent district organization. If 
a majority of the votes cast in each subdistrict shall be favorable to 
such independent organization, then each subdistrict shall become a 
rural independent district, and the board of the school township shall 
then call a meeting in each rural independent district for the choice 
of three directors, to serve one, two and three years, respectively, 
and the organization of the said rural independent district shall be 
completed. [22 G. A., ch. 61.] 

Sec. 2798. Subdivision of independent districts. Independ- 
ent districts may subdivide for the purpose of forming two or more 

4. All proceedings connected with the organization of the district should be 
recorded by the secretaries in the records of the districts, so that the facts con- 
cerning its formation and organization may be readily obtained, in case the 
validity of the proceedings is ever questioned. 

Section 2796. 1. This section is construed to mean that the organization 
contemplated must be made between January first and the first of August. 

2. When a new independent school district is organized as provided by this 
section, the board has authority to determine and certify all necessary taxes, for 
school purposes, for that year, including schoolhouse taxes. 

3. An independent school district composed of territory from two or more 
counties, belongs, for school purposes, to the county wherein most of the children 
reside. A certificate should be issued by the superintendent of the county to 
which it thus belongs, which certificate is valid for any school in the district. 

Section 2797. 1. The vote upon the change may be taken at any time of 
year, but the organization cannot be completed between August and January. 

2. Unless each and every subdistrict in the school township gives a majority 
vote favoring the change in form, the township remains a school township. 

3. A single subdistrict may be organized independent only when a village, 
town, or city is included. Section 2794. 

4. When the new boards are organized, they should meet as soon as possible, 
and make settlement of assets and liabilities, as directed by section 2802. 

Section 2798. 1. The provisions of this section apply to all independent dis- 
tricts and civil township lines are not a bar. 



64 SCHOOL LAWS OF IOWA. 

independent districts, or have territory detached to be annexed with 
other territory in the formation of an independent district or dis- 
tricts, the board of directors of the original independent districts to 
establish the boundaries of the districts thus formed, such new dis- 
tricts to contain not less than four government sections of land each; 
but in case a stream or other obstacle shall debar a number of chil- 
dren of school privileges, an independent district may be thus organ- 
ized containing less territory; or, if such new district shall include 
within its territory a town or village with not less than one hundred 
inhabitants, it may in like manner be made up of less territory; but 
in neither case shall the new district contain less than two govern- 
ment sections of land, nor be organized except on a majority vote of 
the electors of each proposed district, and the proceedings for such 
subdivision shall in all respects be like those provided in the section 
relating to organizing cities and towns into independent districts, so 
far as applicable. [18 G. A., ch. 131; 17 G. A., ch. 133, §§ 1-4.] 

Sec. 2799. Uniting independent districts. Independent 
districts located contiguous to each other may unite and form one 
and the same independent district in the manner following: At the 
written request of any ten legal voters residing in each of said inde- 
pendent districts, or, if there be not ten, then a majority of such 
voters, their respective boards of directors shall require their secre- 
taries to give at least ten days' notice of the time and place for a 
meeting of the electors residing in each of such districts, by posting 
written notices in at least five public places in each of said districts, 
at which meeting the electors shall vote by ballot for or against a 
consolidated organization of said independent districts, and, if a 
majority of the votes cast at the election in each district shall be in 
favor of uniting said districts, the secretaries shall give similar 
notice of a meeting of the electors as provided for by law for the 
organization of independent districts including cities and tewns. [22 
G. A., ch. 63, §1; C. 73, §1811.] 

Sec. 2800. Rural independent districts united into school 
township. A township which has been divided into rural inde- 
pendent districts may be erected into a school township by a vote of 
the electors, to be taken upon the written request of one- third of the 

2. The amount of territory cannot be less than an equivalent of four govern- 
ment sections, unless the provisions of this section apply. 

3. An independent district containing territory amounting to less than eight 
government sections may be divided into two independent districts, if an unbridged 
stream or other obstacle prevents a considerable number of scholars from attend- 
ing school, or if one portion contains a village of not less than one hundred inhab- 
itants. The district so formed must contain territory amounting to not less than 
two government sections, and a majority of the votes cast in each contemplated 
district must be cast for the division. 

4. When the required number of electors petition for such division the 
board is compelled to call the election, but the organization cannot be completed 
between August and January. 

5. When an independent district is subdivided, the one of the districts not 
formed in accordance with the exception made must have at least four sections. 

Section 2800. 1. The electors of any civil township which has adopted the 
rural independent school district organization, may vote upon the question of 
returning to the school township organization. 

2. The petition provided for in this section may be presented to the trustees 
and the vote ordered at any time of the year. 



SCHOOL LAWS OF IOWA. 65 

legal voters residing in such civil township. Upon presentation ol 
such written request to the township trustees, they shall call a meet- 
ing of the electors at the usual place or places of holding the town- 
ship election, upon giving at least ten days' notice thereof by posting 
three written notices in each rural independent district in the town- 
ship, and by publication in a newspaper, if one be published in such 
township, at which meeting the said electors shall vote by ballot for 
or against a school township organization. If a majority of the votes 
cast at such election be in favor of such organization, each rural 
independent district shall become a subdistrict of the school town- 
ship, and shall organize as such on the first Monday in March fol- 
lowing by the election of a director, notice of which shall be given 
as in other cases by the secretary of each of the rural independent 
districts, and the directors so elected shall organize as a board of 
directors of the school township on the third Monday in March fol- 
lowing. [16 G. A., ch. 155; C. 73, §§ 1815-20.] 

Sec. 2801. Division of school township into subdistricts. 
The board of any school township may by a vote of a majority of all 
the members thereof, at the regular meeting in September, or at any 

3. The meeting held to determine the question of school township organiza- 
tion, is a township meeting; if the vote is in the affirmative, each and every 
rural independent school district in the township becomes a subdistrict of the 
school township. 

4. The township trustees may act as judges of this election, but in their 
absence the electors assembled may choose a chairman and one or two secretaries 
to act as judges. 

5. The board of each rural independent school district will continue to act 
until the third Monday in March following the election, at which time a full 
statement of all assets and liabilitias of the district should be reported to the 
board of the school township when organized. 

6. The first board of a school township formed from a township organized as 
a single rural independent school district, will consist of three directors, elected 
by the whole township. Section 2752. If this board chooses to subdivide the 
district, it may do so. Section 2801. Or it may allow the school township to 
remain a single subdistrict, a plan having very many excellent advantages. 

7. The school township meeting is held on the second Monday in March, 
to vote the necessary schoolhouse taxes, as provided in section 2749. 

8. Between the time of the election provided for and the third Monday in 
March following, the boards of the several rural independent school districts have 
authority to perform all necessax*y acts relating to the affairs of their districts, 
but they cannot incur any indebtedness, nor make any contracts, except such as 
may be necessary to maintain the usual schools of their districts. 

9. Upon the organization of the school township, the secretary should file 
with the county auditor and treasurer a certified plat of the district, and report 
to the county superintendent, auditor, and treasurer, the name and address of 
each officer of the new board. Section 2766. 

10. The school township receives all the assets and assumes all the liabilities 
of the several rural independent school districts. In case a rural independent 
school district has issued bonds, or otherwise incurred an indebtedness, for the 
erection of a schoolhouse, the board of the school township has authority to 
apportion schoolhouse taxes for the payment of such indebtedness, from time to 
time, as justice and equity may require. 

Section 2801. 1. All changes in subdistrict boundaries must be made in 
strict conformity with this section. 
5 



66 SCHOOL LAWS OF IOWA. 

special meeting called thereafter for that purpose, divide the school 
township into subdistricts such as justice, equity and the interests 
of the people require, and may make such alterations of the bound- 
aries of subdistricts heretofore formed as may be deemed necessary, 
and shall designate such subdistricts and all subsequent alterations 
in a distinct and legible manner upon a plat of the school township 
provided for that purpose, and shall cause a written description of 
the same to be recorded in the records of the school township, a copy 
of which shall be delivered by the secretary to the county treasurer 
and also to the county auditor, who shall record the same in his 
office. The boundaries of subdistricts shall conform to the lines of 
congressional divisions of land, and the formation or alteration of 
subdistricts as contemplated in this section shall not take effect until 
the first Mondaj^ in March thereafter, at which time a director shall 
be elected for any subdistrict newly formed. [21 G. A., ch. 124; 16 
G. A., ch. 109; C. 73, §§ 1725, 1738, 1796; R., § 2038.] 

Sec. 2802. Changes of boundaries — division of assets and 
liabilities. When any changes are made in the boundaries of any 
school corporations, the boards of directors in office at the time shall 
continue to act until the next regular school election, when the new 

2. Subdistrict boundaries can be changed only by affirmative vote of a 
majority of all the members of the board. 

3. While this section provides that boards may change subdistrict boundaries 
at the regular meeting in September, or at a special meeting called for that pur- 
pose, it must be understood that such change cannot be made so late as to prevent 
the notices of election from being given at least five days previous to the subdis- 
trict elections, as required by section 2751. Decisions, 49. 

4. When new civil townships are formed, the corresponding changes in school 
township boundaries take effect at the next subdistrict election. Section 2790. 

5. All territory must be included within some school district, and all of a 
school township must be included in some subdistrict. Decisions, 28. 

6. A subdistrict is not a corporate body and has no financial claims, nor can 
it be held liable for debts, except as a part of the school township. Decisions, 11. 

7. The board may discontinue or abolish a subdistrict by a readjustment of 
boundaries, taking effect in March following. 

8. It is especially important that the county auditor and treasurer be officially 
notified by the secretary, whenever any changes are made in district boundaries, 
by the formation of independent districts and otherwise, to enable these officers 
to perform their duties in the levy of taxes, and the apportionment and disburse, 
ment of school funds. 

9. By congressional divisions of land is meant those divisions authorized by 
congress in government surveys, of which the smallest is, in general, one-sixteenth 
of a section, or a tract of forty acres in a square form. Government lines, how- 
ever, sometimes meander along streams and other bodies of water, and divisions 
of land are thus formed of less than forty acres. Decisions, 28. 

10. There is nothing in the law fixing the number of school age necessary for 
a new subdistrict, nor is the exact amount of territory to be included determined 
by the law. 

Section 2802. 1. Assets include schoolhouses, sites, and all other property 
and moneys belonging to the district. Liabilities include all debts for which the 
district in its corporate capacity is liable. In determining the assets, school prop- 
erty should be estimated at its present cash value. 

2. It is presumed that the teachers' fund and contingent fund have been 
expended equitably. The division of assets will therefore relate to the school- 
house and other property, moneys in all funds on hand, and taxes uncollected. 



SCHOOL LAWS OF IOWA. 67 

corporations shall organize by the election of directors in accordance 
with the new boundaries, whereupon the new boards shall make an 
equitable division of all assets and liabilities of the corporations 
affected; and, if they cannot agree, the matters upon which they 
differ shall be decided by disinterested arbitrators, one selected by 
each board having an interest therein, and if the number thus selected 
is even then one shall be added by the county superintendent, and 

3. Each fund should be divided in proportion to the last assessed value of the 
property, real and personal. Any portion of the teachers' fund derived from the 
semi-annual apportionment, should be divided in proportion to the number of per- 
sons between five and twenty-one years, according to the last enumeration. 

4 Schoolhouses will usually become the property of the district in which they 
are situated. If their value exceeds the amount justly due that district, and there 
is not sufficient schoolhouse fund on hand to equalize the division, the boards 
should fix the amount each district should receive or pay. 

5. An equitable arrangement mutually satisfactory to the parties in interest 
will be in accordance with the intent of the law. Any agreement should be 
reduced to writing, and entered in the records of each district. 

6. The districts, after the division, which do not receive their just proportion 
of schoolhouse property, have a claim against those that do obtain more than 
a due share. The last are indebted to the first in the difference. 36 Iowa, 216. 

7. A simple and just method to dispose of unpaid and delinquent taxes, also 
of all funds in the hands of the county treasurer, is to direct the payment of these 
funds in such manner that taxes derived from any part of the territory shall be 
paid to the district to which such territory will then belong. 

8. If money is received which belongs to another, the rule is a general one 
that the law implies a promise on the part of the receiver to pay it over. Based 
upon this promise an action may be maintained for its recovery. 11 Iowa, 506 and 
80 Iowa, 495. 

9. Any conflict between districts with regard to boundaries will be best deter- 
mined by the one aggrieved asking a court to restrain the county treasurer from 
paying taxes to the other district, on the ground that the district complaining is 
entitled to receive said taxes. 

10. Section 2793 provides for change of boundaries between adjoining inde- 
pendent districts in the same civil township. 

11. If the boundary between an independent school district and school town- 
ship is the line of the civil township, it cannot be changed. If the independ- 
ent school district includes a portion of a civil township the remainder of 
which is a school township, the boundary between the districts may be changed. 

12. Where a change of boundaries between districts is desired, and one of the 
boards acts favorably, a petition may be presented to the other board to concur 
in that action, although it formerly may have refused to grant a similar petition. 
From the action of the latter board upon the request an appeal may be taken. 

13. No appeal can be taken from an action cf the board taking the initiatory 
step, while it requires the concurrence of another board to complete the action. 
The concurrence or refusal of the second board is the order from which an appeal 
may be taken. Decisions, 46 and 57. 

14. When an appeal is taken from the proper board, the c"unty superintend- 
ent must affirm the action of one board or the other, but cannot himself modify 
the action of the board acting first. Decisions, 57. 

15. Territory transferred from one district to another carries with it an equi- 
table proportion of the assets and liabilities of the district from which it is taken, 
the district accepting it becoming responsible for such liabilities. 

16. It is not material which board takes the first action with regard to the 
transfer of territory. Usually it is desirable- to secure the action of the board 



68 SCHOOL LAWS OF IOWA. 

the decision of the arbitrators shall be made in writing, either 
party having the right to appeal therefrom to the district court. [C. 
73, § 1715.] 

Sec. 2803. Attending school in another corporation. A 
child residing in one corporation may attend school in another in 
the same or adjoining county if the two boards so agree. In case 
no such agreement is made, the county superintendent of the county 
in which the child resides and the board of such adjoining- corpora- 
tion may consent to such attendance, if the child resides nearer a 
schoolhouse in the adjoining corporation and one and one-half miles 
or more from any public school in the corporation of his residence. 
But before granting such consent the county superintendent shall 
give notice to the board where the child resides and hear objections, 
if any. In case such consent is given, the board of the district of 
the child's residence shall be notified thereof in writing, and shall 

with regard, to which there is no doubt, and afterward to endeavor to induce the 
other board to take the same action. If the board last acting- takes an action dif- 
ferent in kind it may be regarded as initiating - a new order, which in turn must 
go to the other board for adoption or rejection. 

17. An appeal to the county superintendent will not lie from the joint action 
of boards in making a settlement of assets and liabilities. Decisions, 80. 

Section 2803. 1. This section grants to all boards the power to agree upon 
terms of attendance. Such agreement should name the amount to be paid, if any, 
the time during which the stipulation shall be in force, and other matters. 

2. If scholars reside more than one and one-half miles from a school in their 
own district and nearer to a school in another district, which they desire to 
attend, application should first be made to both boards of directors; if the boards 
refuse to enter into an agreement, they may attend school in such district with 
the consent of the board of the district where they desire to attend and of the 
county superintendent of the county in which the children reside. 

3. This section applies to districts in the same or in other civil townships. 

4. What is sought by the law is to supply to every child advantages equal as 
nearly as possible with those afforded to the average child. 

5. The distance should, in all cases, be computed by the nearest public road. 

6. If scholars live nearer to a school in their own district, or less than one 
and one-half miles of one, they can attend school in another district at the expense 
of their own district, only by an agreement of both boards. 

7. In no case may scholars attend school in a district in which they do not 
reside, without the consent of the board thereof. Section 2774. 

8. The first three lines give the boards power to agree upon terms of attend- 
ance, without regard to the distance in the case. But advantage may not be taken 
of the remainder of the section, unless all the provisions enumerated are fulfilled. 

9. In determining distances between schools the measurement must be made 
by the nearest public highway to each school. And if the person lives off the 
highway, the distance should be computed by the nearest and most accessible 
private way as usually traveled from the residence to the highway. 

10. What is sought to be determined is the actual distance necessary to be 
traveled by the scholar. It may therefore- sometimes be required to measure 
from the door of the home of the scholar to the door of the schoolhouse, in order 
to ascertain definitely the actual distance from school. 

11. There is no provision by which the board of children may be paid. 

12. In giving or withholding his consent, the county superintendent should 
consider all the circumstances, and when he has concurred or refused to concur, 
the matter is concluded for that time, as no appeal will lie. 



SCHOOL LAWS OF IOWA. 69 

pay to the other district the average tuition per week and an average 
proportion of contingent expenses for the school or room thereof in 
which such child attends. If payment is refused or neglected, the 
board of the creditor corporation shall file an account thereof certi- 
fied by its president with the auditor of the county of the child 's 
residence, who shall, at the time of the making of the next semi- 
annual apportionment, deduct the amount from the sum apportioned 
to the debtor district and cause it to be paid to the corporation enti- 
tled thereto. [17 G. A., ch. 41; 16 G. A., ch. 64; C. 73, § 1793; R., 
§ 2024; C51, § 1143.] 

Sec. 2804. School age — nonresidents. Persons between five 
and twenty-one years of age shall be of school age. Nonresident 
children and those sojourning temporarily in any school corporation 

13. The position of the county superintendent is somewhat similar to that of 
a disinterested arbitrator between the two boards. He should confer with both 
boards if possible, and should take into account all the conditions of the case. 

14. If there is little difference in the distance, or if the schoolhouse of the 
scholar is only slightly in excess of a mile and a half, then the county superintend- 
ent should hesitate to concur, especially if it will weaken the funds or diminish 
the attendance at the home school so as unduly to impair its success. 

15. The action of the board where the children desire to attend and of the 
county superintendent is a concurrent one. The two parties are thus supposed 
to have equal discretionary powers, and there is no appeal from concurrent action 
or from the refusal of either to concur. 

16. Collection of tuition cannot be made- by appeal to the county superintend- 
ent, but questions in controversy must be settled through the courts. 

17. The notice referred to cannot be said to be officially transmitted unless 
signed by both the pi^esident and secretary. Payment for attendance can be col- 
lected from the district where the children reside, only from the date of such 
notice. Form 37. 

18. This notice holds only for the term, or such time as the county superin- 
tendent and board name in their written concurrent agreement. 

19. Depositing a letter in a postoffice without further proof that such letter 
reached the party addressed, is not a legal notice as required to secure payment 
of tuition. Code, section 3531. 

20. The average proportion of tuition and contingent expenses for any number 
of scholars is found by dividing the amount expended for these purposes in the 
school wh,ere they have attended, by the total attendance in days, and multiply- 
ing the quotient by the number of days said scholars have attended. 

21. When scholars attend a graded school, the average tuition should be com- 
puted on the basis of the expense of each pupil in the grade or room in which 
such scholars are placed; the average expense of contingent fund may be computed 
as a part of the whole contingent expense of such school. 

22. Any other action than compliance with the absolute and explicit terms of 
the law, will render the collection of tuition difficult and in most cases impossible. 
Decisions, 44. 

23. The provisions of this section are the result of a long experience in this 
state with regaz^d to the matter of attendance. As a general provision, the law is 
very equitable and gives almost universal satisfaction. 

SECTION 2804. 1. Children under five years of age will be more injured by 
the confinement than benefited by the instruction. They cannot claim the advan- 
tages of the school, and should not be allowed to attend. 

2. A child under the minimum legal school age of five years may not be 
admitted to receive instruction even upon the payment of tuition. 



70 SCHOOL LAWS OF IOWA. 

may attend school therein upon such terms as the board may deter- 
mine. The parent or guardian whose child or ward attends school 
in any independent district of which he is not a resident shall be 
allowed to deduct the amount of school tax paid by him in said dis- 
trict from the amount of the tuition required to be paid. rC.'73. 8 
1795.] 

Sec. 2805. Bible not excluded. The bible shall not be 
excluded from any public school or institution in the state, nor shall 

3. Persons over twenty-one years of age are not entitled to the benefits of the 
public schools. 

4. The board must be satisfied that the residence of the scholar in the district 
is actual before allowing free attendance. 

5. In determining whether a person is entitled to attendance free of tuition, 
the board may take any impartial method of deciding the question. Decisions, 
•67 and 78. 

6. Persons may be required to satisfy the board that residence is actual, 
before being admitted to free attendance. 

7. Any one aggrieved by the order of the board admitting, or refusing to 
admit, a scholar, has the remedy of appeal, or of application at once to a court. 

8. Paying school taxes does not entitle nonresidents to school privileges. 
Section 2805. 1. Our common schools are maintained at public expense, and 

the law contemplates that they shall be equally free to persons of every faith. A 
very suitable devotional exercise consists in the teacher reading a portion of 
scripture without comment, and the repetition of the Lord's prayer. 

2. Neither the board nor the electors may direct the teacher to follow a given 
course in respect to the reading of the bible in school. Each teacher will be 
guided by his own good judgment, and the wishes of his patrons may properly 
have weight in aiding him to determine his action. 

3. It is a matter of individual option with school teachers as to whether they 
will read the bible in school or not, such option being restricted only by the pre- 
vision that no child shall be required to read it contrary to the wishes cf his 
parent or guardian, and such provision is not unconstitutional. 64 Iowa, 367. 

4. While moral instruction should be given in every school, neither this sec- 
tion nor the spirit of our constitution and laws will permit a teacher or board to 
enforce a regulation in regard to religious exercises, which will wound the con- 
science of any, and no scholar can be required to conform to any particular mode 
of worship. 64 Iowa, 367. 

5. Moral instruction tending to impress upon the minds of pupils the impor- 
tance of truthfulness, temperance, purity, public spirit, patriotism, and respect 
for honest labor, obedience to parents and due deference for old age, shall be given 
by every teacher in the public schools. School Laws of North Dakota, 1896. 

6. The law intends that the public schools of the state shall be absolutely free 
from any sectarian or denominational bias. The teaching of any peculiar relig- 
ious doctrine or creed, or the use of any book prepared for the purpose of incul- 
cating such doctrine or creed, is strictly forbidden by the spirit of our law, and 
cannot be justified or allowed in any case. 

7. If a teacher gives religious instruction or teaches in the interest of any 
church or denomination, the board maybe prevented from continuing or sanc- 
tioning such instruction, by injunction from the courts, and having ordered or 
countenanced this instruction, may be prevented in the same manner from paying 
such teacher from the public school funds. 

8. The diversion of the school fund in any form or to any extent for the sup- 
port of sectarian or private schools is inadmissible and clearly in violation of our 
laws. 59 Iowa, 70. 



SCHOOL LAWS OF IOWA. 71 

any child be required to read it contrary to the wishes of his parent 
or guardian. [C. 73, § 1764; R., § 2119. J 

Sec. 2806. School taxes. The board of each school corpora- 
tion shall at its regular meeting in March, or at a special meeting 
called for that purpose between the time designated for such regulai 
meeting and the third Monday in May, estimate the amount required 
for the contingent fund, not exceeding five dollars for each person 
of school age, but each school corporation may estimate not exceed- 
ing seventy-five dollars for each school thereof; and also such addi- 
tional sum as may be authorized in the chapter on uniformity of text- 
books; also such sum as may be required for the teachers' fund, 
which, including the amount received from the semi-annual apportion- 
ment, shall not exceed fifteen dollars for each person of school age 
therein, but each corporation may estimate not exceeding two hun- 
dred and seventy dollars, including such apportionment, for each 
regular school therein. No tax shall be estimated by the board 
after the third Monday in May in each year. School corporations 
containing territory in adjoining counties may vote and estimate all 

9. Public money shall not be appropriated, given or loaned by the corporate 
authorities of any county or township, to or in favor of any institution, school, 
association or object which is under ecclesiastical or sectarian management or 
control. Code, section 593. 

Section 2806. 1. This section requires boards to certify the specific sums 
necessary to be raised for teachers' and contingent fund to the board of super- 
visors, whose duty it is to estimate and levy the percentum necessary to raise the 
amounts so certified. 

2. A tax voted after the third Monday in May is void. This renders it essen- 
tial that boards certify taxes within the recpuired time. 73 Iowa, 304. 

3. It is the rule that schoolhouse funds must be voted "by the electors. Excep- 
tions, sections 2796, 2767, 2813 and 3973. 

4. It is wholly within the discretion of the board of directors to determine the 
amounts required for the contingent and teachers' funds. 41 Iowa, 153. Any 
vote of the electors with reference to these amounts is only suggestive, and is not 
at all binding. 

5. If a board thinks best to build a cave it may certify contingent fund for 
that purpose. 

6. This section limits the amount which may be levied for any one year, to 
fifteen dollars per scholar for teachers' fund and five dollars per scholar for con- 
tingent fund, but authorizes the levy of seventy-five dollars for contingent, and 
two hundred and seventy dollars for teachers' fund for each regular school, even 
if the levy thereby exceeds five and fifteen dollars per scholar, for these funds. 

7. If the amount of schoolhouse tax voted and certified by the board of 
directors in any year exceeds the limit which the board of supervisors is allowed 
to levy under the provisions of this section, it is the duty of the board of directors 
to certify the amount of the deficiency from year to year until the whole amount 
is levied. 

8. The teachers' and contingent funds are not to be apportioned among the 
subdistricts, but levied uniformly on the taxable property of the school township. 

9. Districts formed from territory lying in adjoining counties, may vote and 
certify to the respective boards of supervisors the number of mills on the dollar 
required to raise the necessary school taxes. 

10. All schoolhouse taxes must be voted either by the district or by the sub- 
district voters. Sections 2749, 2750 and 2753. When voted they must in all cases 
be certified to the board of supervisors. Decisions, 32. 



72 SCHOOL LAWS OF IOWA. 

taxes for school purposes in mills. The board shall apportion any 
tax voted by the annual meeting for schoolhouse fund among the 
several subdistricts in such a manner as justice and equity may 
require, taking as the basis of such apportionment the respective 
amounts previously levied upon said subdistricts for the use of such 
fund. [15 G. A., ch. 67, § 1; C. 73, §§ 1738, 1777-8, 1780; R., §§ 
2033-4, 2037-44, 2088.] 

Sec. 2807. Levy by board of supervisors. The board of 
supervisors shall at the time of levying taxes for county purposes 
levy the taxes necessary to raise the various funds authorized by 
law and certified to it under this chapter, but if the amount certified 
for any such i und is in excess of the amount authorized by law it 
shall levy only so much thereof as is authorized by law. If a 
schoolhouse tax is voted at a special meeting and certified to said 
board after the regular levy is made, it shall at its next regular 
meeting levy such tax and cause the same to be forthwith entered 
upon the tax list to be collected as other school taxes. It : hall also 
levy a tax for the support of the schools within the county of not 
less than one nor more than three mills on the dollar on the assessed 
value of all the taxable property within the county. [C. '73, §§ 
1779-80; R, §§ 2057, 2059.] 

Sec. 2808. Apportionment. The county auditor shall, on the 
first Monday in April and the fourth Monday in September of each 
year, apportion the school tax, together with the interest of the 
permanent school fund to which the county is entitled, and all other 

11. For the purpose of collection, all taxes voted by the school township meet- 
ing must be apportioned among- the subdistricts. The basis of this apportionment 
is the aggregate number of mills previously levied upon the subdistricts for 
schoolhouse purposes, and the division should be made so as gradually to equal- 
ize these rates, in order that the schoolhouse tax may, ultimately, be uniform 
throughout the district. 

12. The township voters may vote a tax for the erection of a schoolhouse in 
any subdistrict, without previous action of the subdistrict voters. 

13. If the subdistrict voters vote to raise a sum for schoolhouse purposes, it is 
the duty of the secretary to certify the same to the school township meeting. 

14. All necessary schoolhouse taxes should, as a rule, be voted by the school 
township meeting. 

15. The first proviso does not apply where a larger tax is required to meet 
the interest on valid outstanding bonds. 69 Iowa, 612. 

16. The second proviso in this section was added for the relief of sparsely set- 
tled communities, in which five dollars per scholar for contingent fund and fifteen 
dollars per scholar for teachers' fund, is not adequate to maintain schools for the 
time required by law. 

17. If the board finds a sufficient amount of teachers' fund and contingent fund 
on hand and in sight to support the schools for the current year, it may decline 
to certify any amount to be raised under this section. 

18. To determine conclusively whether it is the duty of the board to order 
the secretary to certify a tax supposed to have been voted by the voters, but with 
regard to which vote there is some doubt, an application to a court for a writ of 
mandamus or injunction as the case may be, will secure a settlement of all ques- 
tions involved. 

Section 2808. This warrant must be signed by the president and counter- 
signed by the secretary, to authorize payment of the amount named therein upon 
presentation by the district treasurer. Form 18. 



SCHOOL LAWS OF IOWA. 73 

money in the hands of the county treasurer belonging in common to 
the schools of the county and not included in any previous appor- 
tionment, among the several corporations therein, in proportion to 
the number of persons of school age, as shown by the report of the 
county superintendent filed with him for the year immediately pre- 
ceding. He shall immediately notify the president of the board of 
each corporation of the sum to which it is entitled by such appor- 
tionment, and shall issue his warrant for the same to accompany said 
notice, and shall authorize the treasurer thereof to draw the amount 
due from the county treasurer. [C.73, §§ 1781-2, 1841; R., §§ 1966, 
2060-1.] 

Sec. 2809. Auditor to report. He shall forward to the super- 
intendent of public instruction a certificate of the election or appoint- 
ment and qualification of the county superintendent, and shall also, 
on the second Monday in February and August of each year, make 
out and transmit to the auditor of state, in accordance with such 
form as said auditor may prescribe, a report of the interest of the 
school fund then in the hands of the county treasurer and not 
included in any previous apportionment, and also the amount of said 
interest remaining unpaid. [C. 73, § 1783.] 

Sec. 2810. Taxes paid over. Before the third Monday of 
January, April, July and October in each year, the county treasurer 
shall give notice to the president of the board of each school corpo- 
ration in the county of the amount collected for each fund to the 
first day of such month, and the president of each board shall draw 
his diaft therefor, countersigned by the secretary, upon the county 
treasurer, who shall pay such taxes to the treasurers of the several 
school boards only on such draft. He shall also keep the amount of 

Section 2809. 1. This certificate should be forwarded to the superintendent 
of public instruction as soon as the qualification and bond is filed in the office of 
the county auditor, after such bond has been approved. 

2. The certificate referred to should be promptly forwarded to the superin- 
tendent of public instruction, otherwise the interests of the county may suffer 
by the transaction of business with persons not duly authorized to act. 

3. The certificate should in all cases certify to the qualification as well as the 
election or appointment of the county superintendent, for although he may be 
properly elected or appointed, yet he cannot be recognized until it is known that 
he has taken the necessary oath of office, and that his bond is approved. 

4. Whenever any change is made by resignation or otherwise, a certificate of 
the appointment and qualification of a successor should be immediately forwarded. 
Forms 39 and 40. 

Section 2810. 1. It is the duty of the county treasurer to notify the presi- 
dent of the board of each district, quarterly, of the amount collected for each 
fund and pay it to the district treasurer on the warrant of the president counter- 
signed by the secretary. Form 41. 

2. Whenever a draft is drawn on the county treasury, it is the duty of the 
secretary to charge the district treasurer with the amount named in the draft, 
keeping a separate account with each fund. Section 2761. 

3. The three funds, teachers', schoolhouse, and contingent, must be kept sep- 
arate by the county treasurer, as directed in this section, to enable school officers 
to comply with the lav/ in the discharge of their official duties. Sections 2761, 
2762, 2765, 2768 and 27^9. Form 41. 

4. The division of funds made by the county treasurer must be respected by 
the board, unless the electors direct schoolhouse funds unappropriated transferred 
to other funds. This is the only transfer provided for by law. 



74 SCHOOL LAWS OE n IOWA. 

tax levied for schoolhouse purposes separate in each subdistrict 
where such levy has been made directly upon the property of the 
subdistrict, and shall pay over the same quarterly to the treasurer 
of the school township for the benefit of such subdistrict. rC.'73, 8S 
1784-5.] 

Sec. 2811. Judgment tax. When a judgment shall be obtained 
against a school corporation, its board shall order the payment 
thereof out of the proper fund by an.-.order on the treasurer, not in 
excess, however, of the funds available for that purpose. If the proper 
fund is not sufficient, then, unless its board has provided by the 
issuance of bonds for raising the amount necessary to pay such 
judgment, the voters thereof shall at their annual meeting vote a 
sufficient tax for the purpose. In case of failure or neglect to vote 
such tax, the school board shall certify the amount required to the 
board of supervisors, who shall levy a tax on the property of the 
corporation for the same. [18 G. A., ch. 132, § 6; 0. 73, § 1787; R., § 
2095.] 

Sec. 2812. Bonds. The board of directors may issue bonds in 
the name of the school corporation to pay any judgment against it, 
or any matured indebtedness under bonds lawfully issued, and the 
board of an independent city or town district may issue bonds to 

Section 2811. 1. An order drawn under this section is not enti Jed to pay- 
ment to the exclusion of other orders. 40 Iowa, 620. 

2. Judgment indebtedness may be converted into bonded indebtedness, but 
not beyond the constitutional limit. 

3. The greatest bonded school indebtedness possible is five per cent on the 
last assessed valuation, and taxes are not counted. 

Section 2812. 1. Bonds voted under the provisions of this section may be 
issued and sold as the necessities of the independent school district require, but 
cannot be made available for the purchase of a schoolhouse site. 

2 If actually necessary, the board may issue an order on the school aouse fund 
for the purchase of a site, which order may be indorsed by the treasurer if there 
is no money in that fund, and draw interest. Section 2768. 

3. No independent school district may incur a bonded indebtedness to an 
amount, in the aggregate, exceeding five per cent on the value of its taxable 
property. Constitution, article 11, section 3. 

4. There is no intimate connection between the levy of taxes and an outstand- 
ing bonded indebtedness. The levy of taxes is not intended by the law to be con- 
sidered as an outstanding indebtedness. The limit of bonded indebtedness is fixed 
by this section; the limit for levy of taxes, by section 2807. 

5. As indicating the valuation of the district, the tax lists may not be taken 
into account until after the levy of the taxes in September. 70 Iowa, 230. 

6. In order that the bonds may be negotiated to the best advantage possible, 
great pains should be taken to follow the law carefully in every respect. 

7. The cost of the blank bonds and the expense of negotiating the bonds, 
should be paid from the contingent fund. 

8. The fact that the vote for bonds was defeated will not prevent the board 
from calling another election at any time when it thinks best to do so. 

9. While a vote to issue bonds is regarded by the courts as somewhat in the 
nature of permissive authority to the board, yet a board may not attempt to defeat 
the wish of the voters clearly expressed. Decisions, 75. 

10. In the matter of issuing bonds, every legal requirement should be scru- 
pulously adhered to, in order that not even the slightest irregularity may be urged 
against the validity of the bonds, when they come to be negotiated. 



SCHOOL, LAWS OF IOWA. 75 

pay any matured indebtedness for money borrowed by it as author- 
ized by law, or for money borrowed for the erection or completion 
of schoolhouses, when authorized by the voters at the regular meet- 
ing or a special meeting called for that purpose, which bonds shall 
be substantially in the form provided for county bonds, but subject 
to changes that will conform them to the action of the board provid- 
ing therefor, shall not run more than ten years, be in denomina- 
tions of not more than one thousand nor less than one hundred 
dollars, and bear a rate of interest not exceeding six per cent per 
annum, payable semi-annually, to be signed by the president and 
countersigned by the secretary, and shall not be disposed of for less 
than par value, nor issued for other purposes than in this section 
provided. They shall be payable, respectively, at the pleasure of 
such corporation at any time after the expiration of five years, but 
may be sooner paid if so nominated in the bonds, be registered in 
the office of the county auditor, numbered consecutively, and redeem- 
able in the order of their issuance. Upon being issued they shall 
be delivered to the treasurer thereof, the president taking receipt 
therefor, and thereupon the treasurer shall stand charged on his 
official bond with their amount. He shall sell the bonds for not less 
than par value and apply the proceeds thereof in payment of out- 
standing indebtedness, and for no other purpose than in this section 
authorized, or he may exchange the new bonds for outstanding 
bonds without discount, the cost of engraving and printing the 
bonds to be paid out of the contingent fund. The treasurer shall 
keep a record of the name and postoffice address of all persons to 
whom bonds are sold. The provisions relating to payment of county 
bonds and notice to the owner thereof shall also apply to school 
bonds issued under this section. [21 G. A., ch. 95; 18 G. A., ch. 51, 
§§ 1, 3; 18 G. A., ch. 132, §§ 1-5; 16 G. A., ch. 121; C. 73, §§ 1821-2.] 

Sec. 2813. Tax to pay bonds or money borrowed. The 
board of each school corporation shall, at the same time and in the 
same manner as provided with reference to other taxes, fix the 
amount of tax necessary to be levied to pay any amount of princi- 
pal or interest due or to become due during the next year on lawful 
bonded indebtedness or in an independent city or town district of 
any money borrowed for improvements after a vote thereof author- 
izing the same, which amount shall be certified to the board of super- 
visors as other taxes, and levied by them on the property therein 
as other school taxes are levied, but such tax shall not exceed five 
mills upon the dollar of the assessed valuation of such property for 
money borrowed for improvements. [18 G. A., ch. 51, § 2; 18 G. A., 
ch. 132, § 6; C'73, § 1823.] 

Sec. 2814. Schoolhouse sites — acquisition. Any school 
corporation may take and "hold so much real estate as may be 
required for schoolhouse sites, for the location or construction 

11. If a board takes an action calculated to thwart the will of the voters, per- 
haps any person interested could secure from a court a writ directing the board to 
proceed in the line of fulfilling the vote by the voters. 

Section 2813. To pay bonds, a board may certify in excess of ten mills, if 
necessary. 69 Iowa, 612. 

Section 2814. 1. The board should if possible purchase a site. 

2. A site of less than one acre may be enlarged to an acre. 

3. The acre authorized to be set apart may be so measured as not to include 
any portion of the highway. 70 Northwestern Reporter, 706. 



76 SCHOOL LAWS OF IOWA. 

thereon of sckoolhouses and the convenient use thereof, but not to 
exceed one acre, except in a city or incorporated town it may 
include one block exclusive of the street or highway, as the case 
may be, for any one site, unless by the owner's consent, which site 
must be upon some public road already established or procured by 
the board of directors, and shall, except in cities, incorporated 
towns or villages, be at least forty rods from the residence of any 
owner who objects to its being placed nearer, and not in any 
orchard, garden or public park. [C. '73, §§ 1825-6.] 

4. The objection of an owner living within forty rods on the opposite side of 
a site will not prevent an addition to the site on the side away from the residence, 
so as to include an entire acre. 

5. From an order of the board making a location of a site to be secured by 
condemnation, an appeal will lie the same as from any other order of the board. 

6. Property incumbered, occupied as a homestead, or belonging to minor 
heirs, may be taken under the provisions of this section. 

7. If the district cannot establish its claim to the schoolhouse site, owing to 
the loss of the deed, or for other reason, and the owner refuses to sell or lease the 
site, the district may avail itself of the provisions of this and the following sec- 
tions and secure a site not to exceed one acre. 

8. When purchased, the provisions of this section do not apply. The district 
stands in the same relation to the public and to individuals, in this respect, as do 
other corporations, and may purchase and convey real estate accordingly. 

9. All sites taken under these sections, must be located on a public road, and 
at least forty rods from any residence, the owner whereof objects to its being 
placed nearer, except in incorporated towns. 

10. When a site is sought to be condemned, the distance of forty rods men- 
tioned in this section, is measured from the nearest part of the residence to the 
nearest part of the site, in a straight line. 

11. Boards may rebuild on sites without consent of owners of residences 
within forty rods. 

12. Under the Iowa statute of limitations, ten years use of a highway by the 
public, under a claim of right, will bar the owner of the soil. 19 Iowa, 123. 

13. If the public, with the knowledge of the owner of land, has claimed and 
continuously exercised the right of using the same for a public highway, for a 
period equal to that fixed by the statute for the limitation of real actions, a com- 
plete right to the highway thereby becomes established against the owner, unless 
it appears that such use was by favor, leave or mistake. 22 Iowa, 457. Code, 
section 3004. 

14. In case the land desired for a school site is under mortgage, the district 
may receive from the owner the lease of a portion not to exceed one acre, to be 
held by the district as long as used for school purposes, and when no longer so 
used, to revert to the owner. 

• 15. The unmolested use of a site for a long term of years is probably sufficient 
evidence of its dedication to the district for school purposes. At any rate, the 
district being in possession, it would seem proper for the board to assume a grant, 
and to continue to occupy the site and improve it. If any person brings an action 
against the board, the president will then be required to appear and defend in 
behalf of the district, and counsel may be employed by the board. 

16. If a district is in continuous possession under claim of ownership for more 
than ten years, it becomes the absolute owner of the fee title. 93 Iowa, 45, and 
94 Iowa, 676. 



SCHOOL LAWS OF IOWA. 77 

Sec. 2815. Condemnation. If the owner of the real estate 
desired for a schoolhouse site, or a public road thereto, refuses or 
neglects to convey the same, or is unknown or cannot be found, the 
county superintendent of the proper county, upon the application 
of either party in interest, shall appoint three disinterested ref- 
erees, unless a less number shall be agreed upon, who shall take 
and subscribe an oath to the effect that they will faithfully and impar- 
tially discharge the duties laid upon them, due notice having been 
given by the superintendent to the owner of the time and place of 
making the assessments of damages as and for the length of time 
required for the commencement of actions in the district court; such 
referees shall inspect the grounds proposed to be taken, fix the 
damages sustained as near as may be on the basis of the value of 
the real estate so appropriated, and report in writing to the super- 
intendent their doings and findings, which report shall be filed and 
preserved in his office; and upon the amount found by the ref- 
erees being deposited with the county treasurer, for the use of the 
owner, possession may at once be taken and the necessary building 

Section 2815. 1. If personal service cannot be made, the notice must be pub- 
lished in a newspaper. Code, sections 3514-3544. Forms 42, 43, 44, 45 and 46. 

2. The oath to the referees may not be administered by the county superin- 
tendent by reason of his office. Such oath may be administered by some one 
empowered in a general way to administer oaths. One referee may administer 
the oath to another referee. Code, section 393. 

3. If the land cannot be procured by contract, the road may be established in 
the same manner and by the proceedings provided for the establishment of high- 
ways, and when the damage has been assessed, the district may pay the same. 

4. As a matter of safety, a lease should be executed in duplicate, one to be 
held by the secretary of the board, and the other by the lessor. The lease 
should be approved by the board, as in case of a contract, and should be filed with 
the secretary. 

5. Sufficient time must be allowed between the appointment of this commission 
and the time set for appraising the damages to give the owner legal notice thereof. 
Code, sections 3517 and 3540. 

6. The referees are entitled to two dollars for each day's service, and ten 
cents per mile from their residence to the location of the property appraised. 
Code, sections 354 and 1290. 

7. The holder of a tax certificate on property sought to be condemned is an 
owner in such sense that he is entitled to notice. 50 Iowa, 663. 

8. When the owner of land taken is unknown, or cannot be found, it is not 
necessary to print the report of appraisement, or to attempt other notice to said 
owner than the printed notice required by this section. It is sufficient for the 
county superintendent to send a certified copy to the board. 

9. If the board has deposited with the county treasurer the amount assessed 
by the referees in accordance with this section, we think the courts would hold 
that the district had come into possession of the site. 

10. The money deposited with the county treasurer should be held for the ben- 
efit of the owner of the fee, and not for the mortgagee. 

11. Since the receipt of the treasurer for the money deposited with him for 
the owner of the land, may be the only evidence of title, such a receipt should 
have a full description of the property, and should be recorded by the county 
recorder. 

12. No deed or other instrument from the owner is required to authorize the 
district to occupy the land for school purposes. The proceedings should be recorded 
in full by the district secretary. 



78 SCHOOL LAWS OF IOWA. 

or buildings erected and occupied. From the assessment so made 
either party may appeal to the district court by giving notice thereof 
as in case of taking private property for works of internal improve- 
ment within twenty days after receiving notice of the award made. 
If such appeal is not taken, the assessment shall be final; if taken, 
the board may proceed with the construction of improvements, if 
the deposit hereinbefore provided has been or shall be made. Upon 
such appeal the school corporation shall not be liable for costs 
unless the owner shall be allowed a greater sum than given by the 
referees ; all costs in making the referees ' assessment to be paid by 
the school corporation. [C. 73, § 1827.] 

Sec. 2816. Reversion. In the case of non-user for school pur- 
poses for two years continuously of any real estate acquired for a 
schoolhouse site it shall revert, with improvements thereon, to the 
owner of the tract from which it was taken, upon repayment of the 
purchase price without interest, together with the value of the 
improvements, to be determined by arbitration, but during its use 
the owner of the right of reversion shall have no interest in or con- 
trol over the premises. [C. 73, § 1828.] 

Sec. 2817. Use of barbed wire. Barbed wire shall not be 
used to enclose any school buildings or grounds, nor for any fence 
or other purpose within ten feet of any such grounds. Any person 
violating the provisions of this section shall be punished by fine not 
exceeding twenty-five dollars. [20 G. A., ch. 103.] 

Sec. 2818. Appeal to county superintendent. Any person 
aggrieved by any decision or order of the board of directors of any 
school corporation in a matter of law or fact may within thirty days 
after the rendition of such decision or the making of such order, 

Section 2816. 1. In case of the donation of a schoolhouse site, the following 
reversionary clause may be appended to the deed: Provided, that if, for the space 
■of tioo consecutive years said "premises shall cease to be used for school purposes, the same 
shall revert to the original donor, his heirs or assigns, without legal hindrance or expense. 

2. Since the receipt of the treasurer for the money deposited with him, for 
the owner of the land, may be the only evidence of title, such receipt should have 
a full description of the property, and contain this proviso in addition to note 1 
above: Upon the repayment of the principal amount paid by the district, without 
interest, together with the value of any improvements thereon made by the district, and 
the receipt should be recorded by the county recorder. 

Section 2818. 1. There are many matters that may not properly be brought 
before the county superintendent on appeal. From time to time questions are 
likely to arise upon which the board should be governed by its best judgment, 
or by competent legal advice. 

2. The filing of an affidavit of appeal has the effect of arresting all action by 
the board in relation to the matter appealed from. 

3. During the pendency of an appeal all matters must remain in statu quo, and 
this can be enforced by writ of injunction. No opinion relating to matters 
involved in an appeal will be given. 

4. An affidavit is a written declaration, sworn to before some officer author- 
ized to administer oaths. Code, section 4673. 

5. A county superintendent can have no jurisdiction of an appeal case until 
the affidavit has been filed. Decisions, 5. 

6. A notice of intention to file an affidavit, a verbal complaint, or a petition, 
is not sufficient to give the county superintendent jurisdiction in appeal cases. 
Form 47. 



SCHOOL LAWS OF IOWA. 79 

appeal therefrom to the county superintendent of the proper county; 
the basis of the proceedings shall be an affidavit filed with the 
county superintendent by the party aggrieved within the time for 

7. The affidavit should contain a statement of the decision complained of and 
its date, a statement of facts showing that the appellant has an interest in the 
decision and is injuriously affected by it, and the assignment of errors. Form 47. 

8. An affidavit of appeal, to be of any value, must be sufficiently clear to 
enable the county superintendent to call upon the secretary for a complete tran- 
script of an action that must be described so as to be identified. 

9. This affidavit being the first paper filed, care should be taken that the case 
is properly entitled, and this title should be preserved throughout the further 
progress of the appeal. The date of filing should be indorsed upon the affidavit 
by the superintendent. 

10. When a board receives official notice that an affidavit of appeal from its 
order has been filed, all action by the board in relation to the matter appealed 
from will be suspended until the decision in appeal has been given. 

11. The right of appeal is limited to persons aggrieved or injuriously affected 
by the decision or order complained of. Decisions, 18 and 28. 

12. If a person aggrieved with a decision or order of the board fails to pro- 
tect his rights by taking an appeal within the thirty days prescribed, he is barred 
by the statute from the remedy of appeal. 

13. In computing time the first day shall be excluded and the last included) 
unless the last falls on Sunday, in which case the time prescribed shall be extended 
so as to include the whole of the following Monday. Code, section 48, subsec- 
tion 23. 

14. When the act complained of is of a discretionary character, the action of 
the board should be sustained, unless it is clearly shown that the board violated 
law, abused its discretion, or acted with manifest injustice. Decisions, 40, 5G, 
60 and 64. 

1 5. In certain cases an aggrieved party has a choice of legal remedies. 56 Iowa, 
476. 69 Northwestern Reporter, 544. 

16. As an appeal often consumes valuable time, mandamus is sometimes a 
more speedy as well as a better remedy, to compel the performance of an official 
duty. Decisions, 11, 34, 35, 51 and 55. 

17. Where the law is mandatory in requiring the board to act upon a peti- 
tion, the remedy for ij refusal is mandamus and not appeal. 86 Iowa, 669. 

18. When a board violates a mandatory requirement, application by an inter- 
ested party to a court for a writ to compel the board to act as directed by the 
statute is the more speedy and preferable remedy. 44 Iowa, 432, 50 Iowa, 648, and 
71 Iowa, 632. Decisions 35, 51 and 55. 

19. To correct an illegal action of the board, certiorari, and not appeal, is the 
remedy. 55 Iowa, 215. Decisions, 17 and 75. 

20 That an appeal may lie there must be an order or action by the board. 
To compel an action appeal is not the remedy, but application to a court of law. 

21. By an action of the board is meant a vote taken by it and made of rec- 
ord at a meeting legally constituted. The board may at any time correct mistakes 
in its record, or supply omissions. 

22. Appeal cannot be taken where the board simply refuses or neglects to act. 
71 Iowa, 632. Decisions, 73. 

23. In case of wilful neglect or intentional failure to take action as intended 
by the law, the remedy for any party aggrieved is application to a court for a 
writ to require the board to consider and act upon the important matter brought 
to its attention. And its order when made of record will then be subject to be 
made the basis of an appeal. 



80 SCHOOL LAWS OF IOWA. 

taking the appeal, which affidavit shall set forth any error com- 
plained of in a plain and concise manner. [C. 73, §§ 1829-31; R., §§ 
2133-5.] 

Sec. 2819. Hearing and decision. The county superintendent 
shall, within five days after the filing of such affidavit in his office, 
notify the secretary of the proper school corporation in writing of 
the taking of such appeal; the latter shall, within ten days after 
being thus notified, file in the office of the county superintendent a 
complete transcript of the record and proceedings relating to the 
decision complained of, which transcript shall be certified to be cor- 
rect by the secretary; after the filing of the transcript aforesaid the 

24. % If desirable to clear the record, or to make a matter plain beyond question, 
sometimes the board may re-enact all its former transactions with regard to the 
matter involved. If it is supposed that the board took an action which purposely 
was not made a matter of record, it may be compelled by mandamus to complete 
its record. 

25. No appeal may be taken from the action of the board taking the initiatory 
step, while it requires the concurrence of another board to complete the action. 
The concurrence or refusal of the second board is the order from which an appeal 
may be taken. Note 13 to section 2802. 

Section 2819. 1. The notice should describe the decision or order appealed 
from, so that it may be identified, and should require the district secretary to file 
the transcript with the superintendent within the time specified. The notice 
may be served personally or sent by mail. Form 48. 

2. The secretary shall make and forward a transcript or copy of the record of 
all actions of the board relating to the decision or order appealed from, also of all 
petitions, remonstrances, plats, and other papers pertaining thereto. The original 
papers must be preserved with the district records. Form 49. 

3. The basis of an appeal is the recorded action of the board. If the secre- 
tary certifies that there is no record of an action by the board in any such matter 
as is described in the notice for a transcript, then it will be impossible to carry 
forward the appeal. Note 23 to section 2818. 

3. A failure to file the transcript will not affect the proceedings in any other 
way than to cause delay. The secretary will take the risk of censure by a court 
for failure to attend to his official duty. Decisions, 34. 

5. The time to elapse between the filing of the transcript and the hearing of 
the appeal is not fixed by the statute. This is left to the county superintendent 
to determine. 

6. Notice of the time and place of hearing should be given to the appellant, 
to the secretary of the board, and to any other persons known to be directly inter- 
ested. The notices may be served personally or sent by mail. Form 50. 

7. The appellant, the president, the secretary of the board, and other parties 
known to be directly interested, shou d receive a copy of this notice. 

8. The date of filing every paper should be indorsed thereon, also in the ease 
of motions, orders and rulings of the county superintendent. All oral motions 
and an abstract of the testimony should be reduced to writing at the time of trial. 

9. The docket or minutes of the superintendent should commence by noting 
the filing of the affidavit. He will afterward, as the acts transpire, record the 
sending of the notice of appeal to the district secretary, the filing of the transcript, 
the sending of notices of the hearing, and any adjournment of the case that may 
be granted. At the trial he will carefully note down the names of all parties 
appearing, and their postoffice address, and whether they appear for or against 
the appeal, also, the filing of all papers and names of witnesses, and in whose 
behalf such papers or witnesses are introduced. The decision of the superintend- 
ent will form an appropriate close of his minutes. 



SCHOOL LAWS OF IOWA. 81 

county superintendent shall notify in writing all persons adversely 
interested of the time and place where the matter of the appeal will 
be heard by him. At the time fixed for the hearing he shall hear 
testimony for either party, and he shall make such decision as may 
be just and equitable, which shall be final unless appealed from as 
hereinafter provided. [C.73, §§ 1832-4; R., §§ 2136-8. 

Sec. 2820. Appeal to state superintendent — no money 
judgment. An appeal may be taken from the decision of the county 
superintendent to the superintendent of public instruction in the 
same manner as provided in this chapter for taking appeals from 
the board of a school corporation to the county superintendent, as 
nearly as applicable, except that thirty days' notice of the appeal 

lu. All testimony must be given under oath, and the substance reduced to 
writing at the time by the county superintendent. It is recommended that a 
summary of what each witness testifies be made, read to the witness, and signed 
by him. It is of the first importance that the record of the testimony be full and 
accurate, as the decision of the county superintendent, also of the superintendent 
of public instruction, in case the appeal is carried up, must be based upon the 
record of evidence introduced. This testimony should be preserved with the 
other papers of the case. 

11. While the county superintendent will not be prevented from entertaining 
and considering testimony not before the board, the general rule and practice 
should be to attempt to confine the hearing as far as practicable to the matters 
considered by the board and to the facts, statements, and testimony, that were 
within the possession of the board at the time the action complained of, which is 
being reviewed by the county superintendent, was taken. 

12. In case of disturbance or interruption during the trial of an appeal before 
a county superintendent, as he is not invested with complete judicial power, he 
has only the ordinary remedy of complaint to the proper authorities. Code, sec- 
tion 5033. 

13. The county superintendent may upon his own motion call any witness to 
the stand and have his testimony taken. 

14. While mere technicalities should not be permitted to prevent the attain- 
ment of justice, it is not inappropriate that as to evidence and practice the super- 
intendent should be governed by many of the rules which ordinarily obtain in 
courts. 

15. The leading question to be determined by the county superintendent is 
whether in making the order complained of, the board committed error to the 
extent to require a reversal of its decision or order. 

16. Acts of a board purely discretionary in their nature should be given 
great weight To warrant a reversal, positive error must be found, and such 
error must appear clearly in the testimony. 

17. When an appellate tribunal is unable to decide an appeal because the tes- 
timony is insufficient or the transcript of the action of the board is incomplete, 
and the facts are not sufficiently shown to determine what should be done, the 
case may be remanded for a new trial, or for further action by the board 

18. To those interested in the issue of an appeal the county superintendent 
may send a simple statement of the result, that is, whether the order of the board 
was affirmed or reversed. 

Section 2820. 1. Appeals to the superintendent of public instruction are con- 
ducted in the same manner and governed by the same rules, so far as appl icable, 
as appeals to county superintendents. The basis of the appeal must be an affida- 
vit filed in the office of the superintendent of public instruction, within thirty 
days from the date of the decision appealed from. 
6 



82 SCHOOL LAWS OF IOWA. 

shall be given by the appellant to the county superintendent, and 
also to the adverse party. The decision when made shall be final. 
Nothing in this chapter shall be so construed as to authorize either 
the county or state superintendent to render judgment for money; 

2. Upon the filing of an affidavit the superintendent of public instruction will 
notify the county superintendent to forward a transcript of the papers in the case 
within thirty days. The original papers must be preserved on file in the county 
superintendent's office. 

3. When an appeal is taken to the superintendent of public instruction, the 
county superintendent must have a copy of the testimony and of his docket pre- 
pared. It is very desirable that this transcript should be in typewritten work. 

4. The transcript of the county superintendendent will consist of a literal copy 
of every paper filed and all indorsements thereon, together with a copy of all 
testimony given, the whole arranged in chronological order, closing with the 
decision of the county superintendent in full, with the certificate annexed. 
Form 51. 

5. The transcript in an appeal is supposed to be an exact copy of the papers 
and testimony in the case, preserved on file in the office of the county superin- 
tendent. Any one interested may claim the privilege of examining the original 
records in the case, at any proper time. 

6. It is obvious that the county superintendent himself should not be expected 
to pay for having a typewritten transcript of the record made in an appeal to the 
superintendent of public instruction. Expenses of this character, closely con- 
nected by law with the work of the county superintendent's office, should be paid 
for by the board of supervisors in the same manner that assistance is furnished to 
other county officers when needed. 

7. Upon the filing of the transcript, thirty days' notice of the time set for 
hearing will be given to all parties interested. This time of thirty days may be 
diminished on the written agreement of both parties. 

8. At the hearing, parties interested may appear personally or by attorney, 
and argue their cases orally if they desire, or they may send arguments in writing, 
or if possible, in typewriting. 

9. The record of the case in the office of the county superintendent, which is 
a public record and open to examination by parties interested, will furnish all 
needed data, where access to the transcript sent up is inconvenient. 

10. The superintendent of public instruction will not hear original testimony 
in cases submitted to him. Decisions, 50. 

11. Any person aggrieved by an action of the county superintendent in refus- 
ing to grant a certificate or in revoking the same, may apply to him for a rehear- 
ing, the proceedings to correspond as nearly as possible to the proceedings in the 
case of an appeal from a board of directors. If any one is aggrieved by the result 
of this investigation, an appeal may be taken therefrom to the superintendent 
of public instruction. 

12. A person in whose favor an appeal is decided, has the remedy of a writ of 
mandamus from a court of law to enforce the decision of appeal. 69 Iowa, 533, 
and 72 Iowa, 379. 

13. A decision in appeal by a county superintendent or the superintendent of 
public instruction is final in the sense that no court will attempt to review or set 
aside such a decision if the matters included are clearly within the jurisdiction 
of such school officers. 69 Iowa, 533.. 

14. An appeal decision does not always prevent the board from acting anew 
upon the matters involved in the appeal. If the order of a board is affirmed the 
board will be left free to take any action thought best by it; that is, it will have 
the same freedom to act that it would have if no appeal had been taken. 



SCHOOL LAWS OP IOWA. 83 

neither shall they be allowed any other compensation than is now 
allowed by law. All necessary postage must first be paid by the 
party aggrieved. [C. 73, §§ 1835-6; R., §§ 2139-40.] 

Sec. 2821. Witnesses— fees. The county superintendent in all 
matters triable before him shall have power to issue subpoenas for 
witnesses, which may be served by any peace officer, compel the 
attendance of those thus served, and the giving of evidence by them, 
in the same manner and to the same extent as the district court may 
do, and such witnesses and officers may be allowed the same com- 
pensation as is paid for like attendance or service in such court, 
which shall be paid out of the contingent fund of the proper school 
corporation, upon the certificate of the superintendent to and war- 
rant of the secretary upon the treasurer; but if the superintendent 
is of the opinion that the proceedings were instituted without reason- 
able cause therefor, or if, in case of an appeal, it shall not be sus- 
tained, he shall enter such findings in the record, and tax all costs 
to the party responsible therefor. A transcript thereof shall be 
filed in the office of the clerk of the district court and a judgment 
entered thereon by him, which shall be collected as other judgments. 

Sec. 2822. Penalties. Any school officer wilfully violating 
any provision of this chapter, or wilfully failing or refusing to per- 
form any duty imposed by law, shall forfeit and pay into the treas- 
ury of the particular school corporation in which the violation occurs 
the sum of twenty-five dollars, action to recover which shall be 
brought in the name of the proper school corporation, and be applied 
to the use of the schools therein. [C.73, §§ 1746, 1786; R., §§ 2047, 
2081; C'51, § 1137. J 

Sec. 2823. Provisions apply to all corporations — issuance 
of bonds. The provisions of this chapter shall apply alike to all 
districts, except when otherwise clearly stated, and the powers 
given to one form of corporation, or to a board in one kind of cor- 
poration, shall be exercised by the other in the same manner, as 

15. Until the board has taken a different action no doubt mandamus will be a 
remedy to compel the board to carry into effect the appeal decision and the former 
action of the board. 

16. If it is shown conclusively that a transcript is materially defective, that 
valuable testimony heard upon the trial before the county superintendent is not 
included in the transcript, or that testimony which should not have been omitted 
was excluded, an appeal case may be remanded to the county superintendent 
for another trial. 

17. When the decision of the county superintendent on appeal, reversing' the 
order of the board, is reversed by the superintendent of public instruction on the 
appeal to him, the effect of the last decision, which is final, is to affirm the orig- 
inal order made by the board, and the result of this is to leave the matter as 
entirely in the hands of the board as though no appeal had ever been taken from 
its action. Decisions, 56. 

18. But if the county superintendent reverses an order of the board and the 
superintendent of public instruction affirms the decision of the county superin- 
tendent, such decision will prevent the board from taking any action in the matter 
until some material change occurs, rendering such a new action necessary. 
Decisions, 37 and 72. 

19. Payment for postage in advance will be required with the affidavit. It 
is impossible to tell what amount of postage will be needed in each case, and 
one dollar will be required to cover all needed postage. If the dollar does not 
accompany the affidavit, the filing will be delayed until the amount is received. 



84 SCHOOL LAWS OF IOWA. 

nearly as practicable. But school boards shall not incur original 
indebtedness by the issuance of bonds until authorized by the voters 
of the school corporation. 

OF THE UNIFORMITY, PURCHASE AND LOANING OF TEXT-BOOKS. 

Section 2824. Adoption — contract — agent. The board of 
directors of each and every school corporation in the state of Iowa 
is hereby authorized and empowered to adopt text-books for the 
teaching of all branches that are now or may hereafter be author- 
ized to be taught in the public schools of the state, and to contract 
for and buy said books and any and all other necessary school sup- 
plies at said contract prices, and to sell the same to the pupils of 
their respective districts at cost, and said money so received shall 
be returned to the contingent fund. The books and supplies so 
purchased shall be under the charge of the board, who may select 
one or more persons within the county to keep said books and sup- 
plies for sale, and, to insure the safety of the books and moneys, 

Section 2824. 1. There is nothing in this and the following sections from 
which it can be inferred that a contract must be entered into for five years. The 
law does not attempt to fix an exact limitation as to the time that should be con- 
tracted for. It seems to be the intent of the law that the board of directors or the 
county board of education should carefully avoid making a contract which might 
have the effect of binding its successors in office. 

2. It is within the power of any board to forbid the use of other books than 
those adopted for the district, and to provide by rule or regulation that scholars 
persistently and continuously refusing to conform to such regulation shall be 
refused instruction until they comply with the rule. Teachers failing to regard 
a rule or direction of the board that instruction be given from no other books than 
those legally in use, take the risk of being cited for trial under section 2782. 

3 The word cost, in this section, should be understood to mean contract price. 
Any extra expense connected with securing the books should not be added to their 
purchase price, but should be paid from the contingent fund, upon separate orders. 
In this way the cost to the purchaser will agree with the contract price, and 
uniformity in cost for the same book will obtain all over a large district having 
several selling places, and will also be common in many districts and counties, 
while the extra expense for handling, drayage, storage, etc., may differ somewhat 
in connection with each different person selected to keep the books for sale. 

4. We think the words any and all other necessary school supplies are intended to 
include only such articles as it is customary for parents to purchase for the use of 
their children in school work. For instance, globes and charts have not been 
furnished by the children. They cannot be bought with the money of the district, 
resold, and the money returned to the contingent fund as directed by the law. 

5. Text-books of every variety, in all classes and grades, and all kinds of sup- 
plies usually purchased by the children for use in the schools for the purposes of 
instruction, may be purchased under this act. 

6. It is evidently not the intention to impose a hardship upon the person who 
keeps the books and supplies for sale, but simply to guard the district against 
possible loss. The board is not to be considered as released in the slightest degree 
from its obligation, under the general law, to protect the funds. The bond is 
required for additional protection. Form 52. Nor will the fact that the board 
requires a bond from another person in any way release the treasurer from his 
absolute responsibility for all funds of the district coming into his hands, from 
whatever source. 



SCHOOL LAWS OF IOWA. 85 

the board shall require of each person so appointed a bond in such 
sum as may seem to the board to be desirable. [25 G. A., ch. 35; 23 
G. A.,ch. 24, §§1,2.] 

Sec. 2825. Use of contingent fund — additional tax. All the 
books and other supplies purchased under the provisions of this 
chapter shall be paid for out of the contingent fund, and the board 
of directors shall annually certify to the board of supervisors the 
additional amount necessary to levy for the contingent fund of said 
district to pay for such books and supplies. But such additional 
amount shall not exceed in any one year the sum of one dollar and 
fifty cents for each pupil residing in the school corporation, and the 
amount so levied shall be paid out on warrants drawn for the pay- 
ment of books and supplies only, but the district shall contract no 
debt for that purpose. [Same, § 2.] 

Sec. 2826. Purchase — exchange. In the purchasing of 
text-books it shall be the duty of the board of directors or the 
county board of education to take into consideration the books then 
in use in the res])ective districts, and they may buy such additional 
number of said books as may from time to time become necessary 
to supply their schools, and they may arrange on equitable terms 
for exchange of books in use for new books adopted. [Same, § 3.] 

Sec. 2827. Suit on bond. If at any time the publishers of 
such books as shall have been adopted by any board of directors or 
county board of education shall neglect or refuse to furnish such 
books when ordered by said board in accordance with the provisions 
of this chapter, at the very lowest price, either contract or whole- 
sale, that such books are furnished any other district or state board, 
then said board of directors or county board of education may and 
it is hereby made their duty to bring suit upon the bond given them 
by the contracting publisher. [Same, § 4.] 

Section 2825. 1. Any contingent fund on hand may be used to purchase books 
and supplies. As the proceeds from sales must be returned at once to the contin- 
gent fund, no large additional amount will ordinarily be needed to enable the 
average district to secure books and supplies under this law. 

2. When the board is estimating the levy for the contingent fund, it may 
include in the estimate an amount needed to pay any necessary expense connected 
with securing the books. 

3. All payments under this chapter must be made in strict accordance with the 
other provisions of law governing the disbursement of school moneys. No order 
for any purpose may be drawn until the account has been regularly audited. 

4. It is desirable that the cost to the scholar shall be the lowest possible. Any 
extra expense connected with securing the books should not be added to their 
purchase price, but should be paid out of the contingent fund, upon separate 
orders. In this way the cost to the purchaser will agree with the contract price, 
and uniformity in cost for the same book will be common in many districts and 
counties. Note 3 to section 2824. 

Section 2826. 1. The provision allowing books in use to be exchanged on 
equitable terms for the new books adopted, will assist very materially in securing 
uniform books, as well as in reducing the expense to the people. 

2. The good of the schools will be best advanced if it is ordered that the same 
book or books in any branch must be used in all the schools of the same grade in 
the district. This will simplify the purchase, and also facilitate the introduction 
of uniform books. 



8b SCHOOL LAWS OF IOWA. 

Sec. 3828. Bids. Before purchasing text-books under the pro- 
visions of this chapter it shall be the duty of the board of directors, 
or county board of education, to advertise, by publishing a notice 
for three consecutive weeks in one or more newspapers published 
in the county; said notice shall state the time up to which all bids 
will be received, the classes and grades for which text-books and 
other necessary supplies are to be bought, and the approximate 
quantity needed; and said board shall award the contract for said 
text-books and supjDlies to any responsible bidder or bidders offer- 
ing suitable text-books and supplies at the lowest prices, taking 
into consideration the quality of material used, illustrations, bind- 
ing, and all other things that go to make up a desirable text-book; 
and may, to the end that they may be fully advised, consult the 
county superintendent, or, in case of city independent districts, 
with city superintendent or other competent person, with reference 
to the selection of text-books: provided that the board may reject 
any and all bids, or any part thereof, and re- advertise therefor as 
above provided. [Same, § 5.] 

Sec. 2829. Change — question submitted. It shall be unlaw- 
ful for any board of directors or county board of education, except 
as provided in section twenty-eight hundred and twenty-seven of this 
chapter, to displace or change any text-book that has been regularly 
adopted or re-adopted under the provisions of this chapter, before 
the expiration of five years from the date of such adoption or 
re-adoption, unless authorized to do so by a majority of the electors 
present and voting at their regular annual meeting in March, due 
notice of said proposition to change or displace said text-books 
having been included in the notice for the said regular meeting. 
[Same, § 6.] 

Sec. 2830. Samples — lists — bonds. Any person or firm desir- 
ing to furnish books or supplies under this chapter in any county 
shall, at or before the time of filing his bid hereunder, deposit in the 
office of the county superintendent samples of all text- books included 
in his bid, accompanied with lists giving the lowest wholesale and 
contract prices for the same. And said samples and lists shall 
remain in the county superintendent's office, and shall be delivered 
by him to his successor in office, and shall be kept by him in such 
safe and convenient manner as to be open at all times to the inspec- 
tion of such school officers, school patrons and school teachers as 
may desire to examine the same and compare them with others, for 
the purpose of use in the public schools. The board of directors 
and county board of education mentioned shall require of any per- 
son or persons with whom they contract for furnishing any books 
or supplies to enter into a good and sufficient bond, in such sum and 

Section 2828. 1. A board may not secure the advantages of purchasing text- 
books without first advertising for bids and letting the contract in the manner 
required. And this is equally true even if it is expected that a new contract will 
be made for the books in present use. Form 53. 

2. As the period of adoption is likely to be renewed, it is essential that the 
best books obtainable be chosen. The knowledge and experience of county 
and city superintendents render them peculiarly qualified to advise the board. 

3. Many years ago a provision of the law allowed the superintendent of public 
instruction to recommend text-books for use in the public schools. The omission 
of the provision referred to from our statutes indicates that the practice of com- 
mendation by such official is not expected by the law. 



SCHOOL LAWS OF IOWA. 87 

with such conditions and sureties as may be required by such board 
of directors or county board of education, for the faithful perform- 
ance of any such contract. But bonds of surety companies duly 
authorized under the laws of Iowa shall be accepted. [Same, § 7.] 

Sec. 2831. County board of education — question as to 
county uniformity. The county superintendent, the county auditor 
and the members of the board of supervisors shall constitute a county 
board of education. AThen petitions shall have been signed by one- 
half the school directors in any county, other than those in cities 
and towns, and filed in the office of the county superintendent of 
such county at least thirty days before the annual school elections, 
asking for a uniform series of text-books in the county, then such 
county superintendent shall immediately notify the other members 
of the county board of education in writing, and within fifteen days 
after the filing of the petitions said board of education shall meet and 
provide for submitting to the electors at the next annual meeting the 
question of county uniformity of school text-books. [Same, §§ 8, 9.] 

Sec. 2832. Selection of books — depositories. Should a major- 
ity of the electors voting at such elections favor a uniform series of 
text-books for use in said county, then the county board of education 
shall meet and select the school text-books for the entire county, and 
contract for the same under such rules and regulations as the said 
board of education may adopt. When a list of text-books has been 
so selected, they shall be used by all the public schools of said 
county, except as hereinafter provided, and the board of education 

Section 2831. It is intended that at least one-half of the individuals compos- 
ing all boards, except those of city and town districts, shall sign the petition 
referred to. Form 55. 

Section 2832. 1. The county board of education is a continuous body. 

2. County boards of education will from time to time make such rules and 
regulations as seem necessary to carry out the purpose and spirit of the law. 

3. Purchases of records, dictionaries, apparatus and similar supplies for the 
use of the district may not be made by contract under this law, but such articles 
will be bought with contingent fund, as provided by section 2783. Note 4 to sec- 
tion 2824. 

4. The county board of education must cause the books to be sold to the peo- 
ple direct, under such regulations as the board may adopt. 

5. Security by bond made payable to the county, may be required from depos- 
itaries. But the fact that the money from sales must be returned to the county 
funds monthly, will lessen the need for as much security as would be necessary if 
a large sum of money could be held by a depositary for a long time. 

6. The county board of education should arrange for a sufficient number of 
depositories to accommodate fully the people of every district in the county. 

7. It would promote an equality of price for the same book in the several 
counties, if any slight extra expense connected with securing or handling the 
books were not added to the contract price, but paid for from the county funds, 
by the board of supervisors. In this way, the books and supplies may be sold to 
the people at cost, the same as provided under section 2824, when purchase is 
made by a district. Note 4 to section 2825. 

8. It is apparent that there will be many questions arising upon which we 
cannot venture an opinion. Any matter in which the binding force or validity of 
a contract is involved, can be determined only by the courts of law. 

9. The county attorney is the legal adviser of the county board of education, 
and he should be freely consulted on questions upon which the board may be in 
doubt. Code, section 302. 



88 SCHOOL LAWS OF IOWA. 

may arrange for such depositories as it may deem best, and may pay 
for said school books out of the county funds, and sell them to the 
school districts at the same price as provided for in section twenty- 
eight hundred and twenty-four of this chapter, and the money received 
from said sales shall be returned to the county funds by said board 
of education monthly. The boards of school officers, who are hereby 
made the judges of the school meetings, shall certify to the board of 
supervisors the full returns of the votes cast at said meetings the 
next day after the holding of said meetings, who shall, at their next 
regular meeting, proceed to canvass said votes and declare the 
result. [Same, § 9.] 

Sec. 3833. Proceedings of county board. The county super- 
intendent shall in all cases be chairman of the county board of educa- 
tion, and the county auditor shall be the secretary, and a full and 
complete record shall be kept of their proceedings in a book kept 
for that purpose in the office of the county superintendent. A list 
of text-books so selected, with their contract prices, shall be reported 
to the state superintendent with the regular annual report of the 
county superintendent. [Same, § 10.] 

Sec. 2834. Officers not to be agents. It shall be unlawful for 
any school director, teacher or member of the county board of educa- 
tion to act as agent for any school text-books or school supplies dur- 
ing such t«rm of office or employment, and any school director, officer, 
teacher or member of the county board of education who shall act as 
agent or dealer in school text-books or school supplies, during the 
term of such office or employment, shall be deemed guilty of a mis- 
demeanor, and shall, upon conviction thereof, be fined not less than 
ten dollars nor more than one hundred dollars, and pay the costs of 
prosecution. [Same, § 11.] 

Sec. 2835. City schools. The provisions of sections twenty- 
eight hundred and thirty-one, twenty-eight hundred and thirty-two 
and twenty- eight hundred and thirty- three of this chapter shall not 
apply to schools located within cities or towns, nor shall the electors 
of said cities or towns vote upon the question of county uniformity; 
but nothing herein shall be so construed as to prevent such schools 
in said cities and towns from adopting and buying the books adopted 
by the county board of education at the prices fixed by them, if by 
a vote of the electors they shall so decide. [Same, § 12.] 

Sec. 2836. Free text-books — question submitted. When- 
ever a petition signed by one-third or more of the legal voters, to 
be determined by the school board of any school corporation, shall 

Section 2834. 1. The intention of this section is to prohibit any of the per- 
sons named from engaging in any business in connection with school text-books 
or supplies, by which his pecuniary interests might be brought in conflict with 
his official duties. 

2. The fact that a person is subject to the penalties named, for violating the 
provisions of this section, will not operate to deprive him of his office or position. 

Section 2835. All except sections 2831, 2832 and 2833, apply to city and 
town independent school districts, and such districts may purchase books and 
supplies in the same manner as other districts, under sections 2824 to 2830. 

Section 2836. These provisions afford all districts the opportunity to supply 
free books, so that every child may continuously enjoy the privileges of school. 
It is believed that if districts will take action in accordance with the spirit of the 
law, the percentage of attendance at school can be materially increased, and the 
usefulness of our schools to all the children, greatly enhanced. 



SCHOOL LAWS OF IOWA. 89 

be filed with the secretary thirty days or more before the annual 
meeting of the electors, asking that the question of providing free 
text- books for the use of pupils in the public schools thereof be sub- 
mitted to the voters at the next annual meeting, he shall cause notice 
of such proposition to be given in the call for such meeting. [26 G. 
A., ch. 37, § 1.] 

Sec. 2837. Loaning — discontinuance. If, at such meeting, a 
majority of the legal voters present and voting by ballot thereon 
shall authorize the board of directors of said school corporation to 
loan text-books to the pupils free of charge, then the board shall 
procure such books as shall be needed, in the manner provided by 
law for the purchase of text-books, and loan them to the pupils. 
The board shall hold pupils responsible for any damage to, loss of, 
or failure to return any such books, ar.d shall adopt such rules and 
regulations as may be reasonable and necessary for the keeping and 
preservation thereof. Any pupil shall be allowed to purchase any 
text-book used in the school at cost. No pupil already supplied with 
text-books shall be supplied with others without charge until needed. 
The electors may, at any election called as provided in the last sec- 
tion, direct the board to discontinue the loaning of text- books to 
pupils. [Same, §§ 2-6.] 

SECTION 2837. As much of the success of free text-books will depend upon 
the rules and regulations adopted by the board to govern the care and use of 
the books, a board should take more than the usual pains to adopt plain, compre- 
hensive, and effective rules for the guidance of all concerned. 



90 



BLANK FORMS. 



BLANK FORMS. 



NUMBER 1.— SECTION 2737. 
(Teacher's certificate.) 

teacher's class certificate. 

Office of County Superintendent, 



Iowa, ,189. 



This certifies that. 



RESULT OF 
EXAMINATIONS. 



Orthography . . . 

Reading 

Writing 

Arithmetic 

Geography 

Grammar 

U. S. History... 
Physiology, etc. 



PER CENT. 



has passed a satisfactory 

examination in the branches named herein, with 
the results appended, is of good moral character, 
and is in all other respects possessed of the nec- 
essary qualifications as an instructor. I hereby 

authorize to teach the subjects named in 

any public school of county for a period 

of months from the date of this certificate. 



No. 



County Superintendent. 



STUB FOR ABOVE FORM. 



STUB FOR NEXT FORM. 



No. 



Granted to 



No. 



Granted to 



Postoffice 

Age Terms taught 

Granted , 189. 

Expires j 189 • 



RESULT OF EXAMINATIONS 



PER 
CENT. 



Orthography . . . 

Reading 

Writing 

Arithmetic 

Geography 

Grammar 

U.-'S. History... 
Physiology, etc. 



Postoffice 

Age Terms taught 

Grantes , 189 . 

Expires , 189 . 



RESULT OF EXAMINATIONS. 



Orthography 

Reading 

Writing 

Arithmetic 

Geography 

Grammar 

U. S. History 

Physiology, etc 

Didactics 

Elementary Civics 

Elementary Algebra. . . 
Elements of Physics . . . 
Elementary Economics. 



PER 

CENT- 



BLANK FORMS. 



91 



NUMBER 2.— SECTION 2737. 
(Teacher' 1 s certificate for two years.) 

teacher's class certificate. 

Office of County Superintendent, ) 
Iowa, 189 \ 



This certifies that. 



RESULT OF 

EXAMINATIONS. 



Orthography 

Reading 

Writing 

Arithmetic 

Geography 

Grammar 

U. S. History 

Physiology, etc 

Didactics 

Elementary Civics 

Elementary Algebra 
Elements of Physics 
Elementary Economics, 



PER cent. 



has passed a satisfactory 

examination in the branches named herein, 
with the results appended, is of good 
moral character, has had thirty-six weeks' 
successful experience in teaching, and is 
in all other respects possessed of the nec- 
essary qualifications as an instructor. 1 

hereby authorize 

to teach the subjects named in any public 

school of county for a 

period of two years from the date of this 
certificate. 

No.... 



County Superintendent. 



NUMBER 3.— SECTION 2737. 

(Certificate for special branches. ) 
teacher's special certificate. 

Office of County Superintendent, 
Iowa, 189. 



This certifies that has passed a satisfactory examina- 
tion in the special studies written herein, is of good moral character, and is in all 
other respects possessed of the necessary qualifications as an instructor. I hereby 

authorize. . . .to teach only the branches named in any public school of 

county for a period of months from the date of this certificate. 

No.... 

County Superintendent. 

Note. — This is printed on the face of the cer- 
tificate, similar to Form 2. 



STUB FOR ABOVE. 



No. 



Granted to 



RESULT OF EXAMINATIONS. 



Postoffice 


Age Terms taught. . . 

Granted 


, 189. . 


Expires 


, 189. . 






RESULT OF EXAMINATIONS. 


PER 
CENT. 



















PER 
CENT. 



92 



BLANK FORMS. 



NUMBER 4 —SECTION 2737. 
revocation of teacher's certificate. 

Office of County Superintendent, ) 

, Iowa, , 189 . . ) 

To Boards of Directors: 

You are hereby notified that a certificate to teach, granted to , 

dated , 189. . , is hereby revoked in accordance with the provisions 

of section 2737, the said revocation to take effect from the date hereof. 



County Superintendent. 



NUMBER 5.— SECTION 2738. • 
application for teachers' normal institute. 

Office of County Superintendent, ) 

, Iowa, , 189. . ) 

To the Superintendent of Public Instruction: 

I desire to hold the annual normal institute for county 

at , Iowa, commencing on the. .... .day of , 

189 . . , and closing on the day of , 189 . . 

I shall act as director, and have selected, subject to your approval, 

as conductor, and , , , as 

instructors, and hereby request your concurrence in these arrangements. 



County Superintendent. 



NUMBER 6.— SECTION 2738. 

monthly report of institute fund. 

Received from examination fees, for the month of , and paid 

to the treasurer of county, Iowa: 



NAME OF APPLICANT. 



AMOUNT 
RECEIVED. 



NAME OF APPLICANT. 



AMOUNT 
RECEIVED. 



* * 



Total 



I certify that the above report is correct. 
, Iowa, . . . 

1, 189.. 



County Superintendent. 



BLANK FORMS. 



93 



NUMBER 7.— SECTION 2738. 

REPORT OF REGISTRATION FEES, INSTITUTE FUND. 

Received from registration fees of normal institute, held at 

commencing , 189. . 





NAME OF TEACHER. 


AMOUNT 
RECEIVED. 


151 
152 


NAME OF TEACHER. 


AMOUNT 

RECEIVED. 


1 




$ !.... 




$ .... 


2 











149 
150 



299 



State appropriation 
Total 



I hereby certify that the above report is correct. 

, Iowa. , 

1, 189 . . County Superintendent. 



NUMBER 8.— SECTION 2738. 

RECEIPT OF INSTITUTE FUND. 



Received of , county superintendent, 

dollars institute fund. 

Iowa, 

1, 189. . County Treasurer. 



NUMBER 9.— SECTION 2738. 

order on institute fund. 

Office of County Superintendent, 

$ , Iowa, , 189.. 

To , Treasurer of county: 

Pay to , or order dollars out of the 

institute fund, for , as by bill No , approved this 

day, as required by law, and on file in my office. 

No 

County Superintendent. 



NUMBER 10.— SECTION 2746. 
NOTICE OF ANNUAL MEETING. 

Notice is hereby given to the qualified electors of the 

of , in the county of state of Iowa, 

that the annual meeting of said district will be held at , 

on the second Monday in March, 189 . . . . , at o'clock m. , and closing at 

o'clock m. 

A director will be elected for a term of years, to succeed 

, one for years, to succeed 

, and 



94 BLANK FORMS. 

The meeting will be open for the transaction of such business as may legally 
come before it, and the board has directed that the following propositions shall 
be submitted to and determined by the voters: 



. , 189 . . Secretary. 



NUMBER 11.— SECTION 2746. 
PROCEEDINGS OP ANNUAL MEETING. 

March...., 189.. 

The electors of the 

of in the county of , state of 

Iowa, assembled at , pursuant to notice. The 

meeting was called to order by the president at o'clock, m. The 

secretary being absent, was elected secretary. 

The order of business and powers of the meeting were stated by the 

president. It was moved by , seconded by 

, that the ballots provide for voting upon a 

tax of dollars for schoolhouse purposes. 

Carried, votes for and votes against. 

On motion of seconded by , 

it was voted that th<? ballots provide for voting a tax of eight hundred dollars for 
the purpose of building a schoolhouse in subdistrict No 

It was ordered that the ballots afford opportunity to vote upon the proposition 

to transfer ....dollars of unused schoolhouse fund to the teachers' 

(contingent) fund. 

The polls for voting were opened at minutes after o'clock. 

At minutes after o'clock the polls were closed, the ballots were 

counted, and the vote upon the several matters voted upon was in each case as 
follows: 



The time required by law during which the meeting must be kept open having 
passed, the meeting adjourned at minutes after o'clock. 



Secretary. Chairman. 



NUMBER 12.— SECTION 2746. 

CERTIFICATE OF ELECTION. 

We hereby certify that at the annual meeting of the , 

in the county of , state of Iowa, held on the second 

Monday in March, 189. . , was duly elected 

of said district, for a term of years, 

to succeed 



189. . Judges of Election. 



BLANK FORMS. 95 

NUMBER 13.— SECTION 2751. 
NOTICE OF SUBDISTRICT MEETING. 

Notice is hereby given that a meeting of the qualified voters of subdistrict 

No , of the school township of , in the county of 

state of Iowa, will be held at , on the first Monday in March, 189. . , 

at o'clock m., for the election of a director and for the transaction of such 

other business as may legally come before it. The question whether seven hun- 
dred dollars schoolhouse tax shall be voted upon the property of the subdistrict 
will be determined by ballot at such meeting. 



189. . Director of Subdistrict No. 



NUMBER 14.— SECTION 2751. 

PROCEEDINGS OF ANNUAL SUBDISTRICT MEETING. 

March , 189.. 

The voters of subdistrict Fo , of the school township of , 

in the county of , state of Iowa, met pursuant to notice. 

was appointed chairman, and secretary of 

the meeting. 

The chairman announced the powers of the meeting. 

The polls were opened at minutes after o'clock. At minutes after 

. . . .o'clock the polls were closed, and the judges proceeded to count the ballots. 

For director votes were cast for , votes for 

, and votes for , upon which 

was declared elected director for the ensuing year, and he was given his certifi- 
cate of election. Upon the proposition to vote a schoolhouse tax of seven hundred 

dollars upon this subdistrict. votes were cast for the tax, and 

against the tax. It was declared that the vote was 

At minutes after o'clock, on motion of , the meeting 

adjourned. 



Secretary. Chairman. 



NUMBER 15.— SECTION 2751. 
CERTIFICATE OF ELECTION FOR DIRECTOR OF SUBDISTRICT. 

We hereby certify that at the annual meeting of subdistrict No , of the 

school townshipof , in the county of , state 

of Iowa, held on the first Monday in March, 189 was 

duly elected director of said subdistrict. 



189 . . Judges of Election. 



NUMBER 16.— SECTION 2753. 

CERTIFICATE OF TAX VOTED BY SUBDISTRICT MEETING. 

To , Secretary Board of Directors of tlie School Townsh ip 

of : 

I hereby certify that the voters of subdistrict No , of the school township 

of , in the county of , state of Iowa, at the 

meeting held , 189. ., voted a tax of dollars for the 

erection of a schoolhouse in said subdistrict. 



., 189. . Secretary of Subdistrict Meeting. 



96 BLANK FORMS. 

NUMBER 17.— SECTION 2760. 
BOND OF SECRETARY OR TREASURER. 

Know all Men by these Presents: That I, , as principal, 

and and as sureties, 

of the in the county of , state of 

Iowa, are held and firmly bound unto the , in the 

said county and state, in the penal sum of dollars, to be paid 

to the said , for which payment, well and truly 

to be made, we bind ourselves, our heirs, executors and administrators firmly by 
these presents. 

The condition of this obligation is that as 

of the , in the county of , 

state of Iowa, he will render a true account of his office and of his doings therein 
to the proper authority, when required thereby or by law; that he will promptly 
pay over to the officer or person entitled thereto all moneys which may come into 
his hands by virtue of his office; that he will promptly account for all balances of 
money remaining in his hands at the termination of his office; that he will exercise 
all reasonable diligence and care in the preservation and lawful disposal of all 
money, books, papers, securities, or other property appertaining to his said office, 
and deliver them to his successor, or to any other person authorized to receive 
the same; and that he will faithfully and impartially, without fear, favor, fraud 
or oppression, discharge, all duties now or hereafter required of his office by law; 
and the sureties on such bond shall be liable for all money or public property that 
may come into the hands of such officer at any time during his possession of such 
office. 

In testimony whereof we have hereunto subscribed our names this day 

of , 189.. 



Principal. 



Sureties. 



State of Iowa, ) gg 



county. 

I, , do solemnly swear (or affirm) that I will 

support the constitution of the United States and the constitution of the state of 
Iowa, and that I will faithfully and impartially, to the best of my ability, discharge 

all the duties of the office of secretary (or treasurer) of the , 

in the county of , state of Iowa, as now or hereafter required by 

law. 



Subscribed and sworn to before me by the above named . 

this day of , 189. . 

In testimony whereof witness my hand and official seal. 



[seal.] Notary Public. 

State of Iowa, ) gg 

county, J 

I , being duly sworn, depose and say 

that I am a resident freeholder of the state of Iowa, and am worth the sum of 

dollars beyond the sum of my debts, and have property 

liable to execution in this state equal to the sum of dollars. 



BLANK FORMS. 

Subscribed and sworn to before me by the above named. 

this day of , 189 . . 

In testimony whereof witness my hand and official seal. 



97 



[SEAL.] 



Notary Public. 



NUMBER 18.— SECTION 2762. 

DRAFT ON THE COUNTY TREASURER. 



189. 



To , County Treasurer: 

Pay to , treasurer of the 

in the county of , state of Iowa, dollars teachers' 

fund, dollars schoolhouse fund, and dollars continent 

fund, being the amount of tax collected and due this district for the quarter 
ending , 189. ., as shown by your notice of , 189. . 



Secretary. 



President. 



NUMBER 19.— SECTION 2762. 

ORDER ON DISTRICT TREASURER. 



To Treasurer of the. 

Pay to , or order, 

for 



, 189.. 

.dollars from the fund, 



Secretary. 



President. 



NUMBER 20.— SECTION 2762. 
ORDER REGISTER OF SECRETARY AND TREASURER. 



1 April 7, 189. 

2 April 7, 189. 

3 April 7, 189. 

4 May 10, 189. 

5 May 14, 189. 



IN WHOSE FAVOR 
DRAWN. 



J ohn Smith 

A. J. Adams 

Joel B. Young. . . . 
Thomas Harrison. 
Sarah Johnson . . . 



. FOR WHAT PURPOSE. 



Teaching school 

Repairs on schoolhouse. 

Fuel 

Erection of schoolhouse 
Teaching school 



$45.00 



63.74 



3 
O 

° s 



$ 5.00 



125.00 



a 

CD 

bx> . 

a r& 

"43 a 

°£ 
O 



$ 5.O0 



NUMBER 21.— SECTION 2764. 
REGISTER OF PERSONS OF SCHOOL AGE. 



NAME. 


SEX. 


AGE 


PARENT OR GUARDIAN. 



















., 189. 



98 BLANK FORMS. 

NUMBER 22.— SECTION 2766. 

CERTIFICATE TO COUNTY OFFICERS. 

I hereby certify that at a meeting of the board of directors of the 

Ueld on the day of , 189. . , the following officers were 

elected and have qualified according to law: 

, to the office of , postoffice 

, to the office of , postoffice 

, to the office of , postoffice 

- , 189.. 

Secretary. 



NUMBER 23.— SECTION 2767. 

CERTIFICATE OF TAXES. 

To the Board of Supervisors of County: 

I hereby certify that a tax of dollars has been determined by 

the board of directors of the , in the county of , 

state of Iowa, for the teachers' fund, and dollars for the contingent 

fund, as provided in section 2806. 

,189.. 

Secretary. 



NUMBER 24.— SECTION 2767. 

CERTIFICATE APPORTIONING TAXES. 

To the Board of Supervisors of County: 

I hereby certify that a tax voted by the voters of the school township of 

, in the county of , state of Iowa, of 

dollars for schoolhouse purposes, has been apportioned by the board of directors 
among the subdistricts as follows: 

Upon subdistrict No. 1, dollars. 

Upon subdistrict No. 2, dollars. 

Upon subdistrict No. 3, dollars. 

Upon subdistrict No. 4, dollars. 

Upon subdistrict No. 5, dollars. 

, 189.. 

Secretary. 



NUMBER 25.— SECTION 2767. 

CERTIFICATE OF TAX VOTED BY A SUBDISTRICT. 

To the Board of Supervisors of County: 

I am directed by the board of directors of the school township of , 

in the county of , state of Iowa, to certify that the voters of sub- 
district No of said district, at a meeting held , 189. . , voted 

that dollars be raised on the property within the subdistrict for 

schoolhouse fund. 

, 189.. 

Secretary. 



BLANK FORMS. 



99 



NUMBER 26.— SECTION 2768. 
TREASURER'S ACCOUNT. 

. , Treasurer, in account with teachers' [schoolhouse or con- 
tingent) fund. Dr. 



Sept. 


28, 

5, 
4, 
5, 


189.. 

189.. 
189.. 
189.. 
189.. 

189.. 


To cash received of county treasurer, 


semi-annual 


appor- 


$ 270.00 


Oct. 


To cash received of county treasurer, 
To cash received of county treasurer, 
To cash received of county treasurer, 
To cash received of county treasurer, 


district tax 
district tax. 
district tax, 
semi-annual 




75.00 




150.00 


April 
April 




197.00 


appor- 


135.00 


July 


To cash received of county treasurer, 


district tax 




100.00 



. , Treasurer, in account with teachers' fund. 



Cr. 



Oct. 


13, 


189 


Oct. 


13, 


189 


Nov. 


14, 


189 


May 


3, 


189 


May 


4, 


189 


May 


4, 


189 


May 


5, 


189 



By cash paid James biogan, on order No. 1.. 

By cash paid Sarah Smith, on order No. 3 

By cash paid Nicholas Hoover, on order No. 4. 
By cash paid Louisa Martin, on order No. 7. . . . 
By cash paid Jas. M. Higgins, on order No. 10. 
By cash paid Stephen Phelps, on order No. 11. . 
By cash paid Amelia Mason, on order No. 13. . . 



136.00 
89.00 

135.00 
82.00 

115.00 

175.00 
95.00 



To. 



NUMBER 27.— SECTION 2771. 

CERTIFICATE OF APPOINTMENT. 



You are hereby notified that at a meeting of the board of directors of the 

, in the county of , state of Iowa, on the 

day of , 189. ., you were appointed of said to fill 

a vacancy occasioned by the of 

, 189.. 

Secretary. 



NUMBER 28.— SECTION 2773. 



DEED FOR SCHOOLHOUSE SITE. 



Know all men by these presents: That we, , and 

, h , of the county of , state of 

Iowa, in consideration of the sum of dollars in hand paid, do hereby sell 

and convey unto the , in the county of , state of 

Iowa, the following described premises, situated in the county of , 

state of Iowa, to-wit: [Here describe the premises.) 

And we do hereby covenant with the said that we are lawfully 

seized of said premises; that they are free from incumbrance; that we have good 
right and lawful authority to sell the same; and we do hereby covenant to warrant 
and defend the title to the said premises against the lawful claims of all persons 
whomsoever. 



Signed this day of , 189. . 

State of Iowa, / 
county. i bt> - 

On this day of , 189. . . before me, a notary public in and for 

said county, personally came and , h , 



100 BLANK FORMS. 

personally to me known to be the identical persons whose names are affixed to 
the above deed, for the purposes therein expressed. 

Witness my hand and notarial seal this day 

[L. s.] of , 189.. 



Notary Public. 



NUMBER 29.— SECTION 2773. 

LEASE OF SCHOOLHOUSE SITE. 

Knoio all men by these presents: That , of the county 

of , state of Iowa, for the consideration hereinafter mentioned, does 

hereby lease unto , president of the board of directors of 

the , in the county of , state of Iowa, or his 

successor in office, for the use of said for school purposes, the 

following described premises, situated in the county and state aforesaid, to-wit: 
(Here describe the lot or parcel of ground) together with all the privileges thereto 
belonging, for the term of from the day of , 189. . 

The said president as aforesaid, or his successor in 

office, hereby agrees to pay the said for the use of said 

premises, the rate of dollars to be paid at the 

expiration of this lease. 

In testimony whereof we have hereunto subscribed our names this day 

of , 189.. 

Signed in duplicate. 

President 



NUMBER 30.— SECTION 2778. 

CONTRACT BETWEEN BOARD AND TEACHER. 

This contract between , a teacher of 

county, Iowa, and , president 

board of directors of the , in the county of 

, state of Iowa, witnesseth: 

That the said agrees to teach the public 

school in of said district for the term of 

weeks, commencing on the day of , 189 . . , 

and well and faithfully to perform the duties of teacher in said school, according- 
to the law, and the rules legally established for the government thereof, including 
the exercise of due diligence in the preservation of the school buildings, grounds, 
furniture, apparatus, and other school property. 

In consideration of said services, the said , as 

president of the board, in behalf of said agrees 

to pay the said the sum of dollars 

a month for school months, at the end of 

Witness our hands this ■. . .day of 189. . 

Teacher. 
President. 



BLANK FORMS. 101 

NUMBER 31.— SECTION 2779. 
PROPOSALS FOR ERECTION (OR REPAIR) OP SCHOOLHOUSE. 

Notice is hereby given that the proposals for the erection [or repair) of a school- 
house in the , in the county of , will be 

received by the undersigned, at his office in (where plans 

and specifications may be seen), until 1 o'clock p. m., , 189. ., 

at which time the contract will be awarded to the lowest responsible bidder. The 
board reserves the right to reject any or all bids. 

, 189.. 

Secretary. 

NUMBER 32.— SECTION 2779. 

CONTRACT FOR BUILDING A SCHOOLHOUSE. 

Contract made and entered into between , of the county 

of , state of Iowa, and , in behalf of the 

, in the county of , state of Iowa, and his 

successors in office. 

In consideration of the sum of dollars, to be paid as herein- 
after specified, the said hereby agrees to build a 

schoolhouse, and to furnish the material therefor, according to the plans and 
specifications for the erection of said house hereto appended, at 



in said The said house is to be built of the best material in a 

substantial, workmanlike manner, and to be completed and delivered to the said 

, or his successors in office, free from any lien for 

work done or material furnished, on or before the day of 

189. . And in case the said house is not finished by the time herein specified, the 

said shall forfeit and pay to the said 

or his successors in office, for the use of said , the sum of 

dollars, and shall also be liable for all damages that may 

result to said in consequence of said failure. 

The said , or his successors in office, in behalf of said 

, hereby agrees to pay the said the sum 

of dollars when the foundation of said house is finished; 

and the further sum of dollars when the walls are up and ready 

for the roof; and the remaining sum of dollars when the said 

house is finished and delivered as herein stipulated. 

It is further agreed that this contract shall not be sublet, transferred, or 
assigned, without the consent of both parties. 

Witness our hands this day of , 189. . 



Contractor. 
President. 



NUMBER 33.— SECTION 2779. 

BOND FOR PERFORMANCE OF CONTRACT. 

Know all Men by these Presents: That we, , as principal, 

and and as sureties, of the county of 

, state of Iowa, are held and firmly bound unto the 

, in the county of , stateof Iowa, 

in the penal sum of .dollars, for the payment of which, well and truly 

to be made, we bind ourselves, our heirs, administrators and assigns, jointly, 
severally and firmly by these presents. 



102 



BLANK FORMS. 



The condition of the above obligation is such that, whereas the said 

has this day entered into a written contract with 

as president of the board of directors of the , in the county 

of , state of Iowa, and his successors in office, for the erection 

and completion of a schoolhouse in said , by the 

day of , 189 . . , according to the plans and specifications for the 

construction of said house appended to said contract. 

Now, therefore, if the said shall faithfully and 

fully comply with all the stipulations of said contract, then this obligation shall 
be void, otherwise remain in full force and virtue in law. 

In testimony whereof we have hereunto subscribed our names this 

day of , 189.. 



Principal. 



Sureties. 



NUMBER 34.— SECTION 2785. 

LIST OF PARENTS AND CHILDREN, KEPT BY DIRECTOR. 



PARENTS OR GUARDIANS. 


NAMES OF CHILDREN. 


SEX. 


AGE. 


John Smith 


Peter Smith 


Male 

Female .... 

Male 

Male 

Male 


10 years. 
12 years. 
8 years. 
15 years. 
12 years. 




Eliza Smith 


James Jones 


William Jones 


Anna Byron 


Charles Peters (ward) 





BLANK FORMS. 



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BLANK FORMS. 



NUMBER 36.— SECTION 2789. 
teacher's term report. 
Register of the school taught in subdistrict number , of the school town- 
ship of , in the county of , state of Iowa, for t>he 

term commencing on the 18th day of May, 189. . , and ending , 189. . 









ATTENDANCE IN DAYS 












FOR WEEKS COM- 


33 


BRANCHES STUDIED. 








MENCING — 


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PUPILS. 






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10 
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I hereby certify that the above is a faithful and correct register of said school. 

Teacher. 

NUMBER 37.— SECTION 2803. 

NOTICE PERMITTING ATTENDANCE FROM ANOTHER DISTRICT. 

To Secretary of the Board of Directors of 

the : 

Notice is hereby given that 

and , children residing in the , 

have been granted permission by the board and county superintendent to attend 

school in , commencing on the 

day of , 189. . , for a term of months. 

, 189.. 

President. 



Secretary. 



NUMBER 38.— SECTION 2808. 



notice of semi-annual, apportionment. 

Office of County Auditor, 



.,189.. ) 



To , President of the 

You are hereby notified that according to the semi-annual apportionment made 
this day, as provided by section 2808, the sum of. dollars is due the 



BLANK FORMS. 103 

, in the county of state of Iowa, for which 

I hand you herewith my warrant on the county treasurer. 



County Auditor. 



NUMBER 39.— SECTION 2809. 
certificate op election of county superintendent. 

Office op County Auditor, ) 

,189.. \ 

I hereby certify that was elected to the office of county 

superintendent, for the term commencing January , 189. . 

B is postoffice address is , Iowa. 

County Auditor. 



NUMBER 40.— SECTION 2809. 
certificate of qualification of county superintendent. 

Office of County Auditor, ) 

,189.. J 

I hereby certify that has duly qualified for the 

office of couuty superintendent for the term commencing January , 189. . 

His postoffice address is , Iowa. 



County Auditor. 



NUMBER 41.— SECTION 2810. 
notice of school tax collected. 

Office of County Treasurer, ) 

, 189.. ) 

To , President of the Board of Directors of the 



You are hereby notified that the amount now collected and due the. 

, in county, state of Iowa, is: 

$ teachers' fund. 

$. schoolhouse fund. 

$ contingent fund. 



County Treasurer. 



NUMBER 42.— SECTION 2815. 

application for appointment of referees. 

To , Superintendent of county: 

In accordance with the action of the board of directors of the 

, you are hereby requested to appoint three 

disinterested persons to inspect, and assess the damages which the owner will 



106 BLANK FORMS. 

sustain by appropriating for school purposes, the following described real estate: 



., 189. 



President. 
Secretary. 



NUMBER 43.— SECTION 2815. 

APPOINTMENT OF REFEREES. 

To , and 

You are hereby appointed and constituted a board of referees, under the pro- 
visions of section 2815, to assess the damages which the owner will sustain by 
the appropriation for school purposes, of the following described real estate: 



in , in the county of , state of 

Iowa, containing one acre of land, exclusive of highway. 

You will therefore, on the day of , 189. . , 

at o'clock. . . .m., proceed to examine the real estate above described, and 

assess, under oath, the cash damages which the owner will sustain by the appro- 
priation of said land for school purposes, and immediately thereafter report to me 
in writing the amount of said damages. 

, 189.. 

County Superintendent. 

OATH OF REFEREES. 

We, , and 

do solemnly swear that we will well and truly, and to the best of our ability per- 
form all of the duties imposed upon us by the foregoing commission. 



Subscribed and sworn to before me by , 

and , this day of , 189. 



Notary Public. 



NUMBER 44.— SECTION 2815. 

NOTICE TO OWNER OF REAL ESTATE. 

To , county: 

You are hereby notified that I have this day appointed referees to assess the 
damages which the owner will sustain by the appropriation for school purposes 
of the following described real estate 



Said referees will meet at the above described real estate on the day oi 

, 189. ., at o'clock m., and assess said damages as provided 

by law. 

, 189 . . 

County Superintendent. 



BLANK FORMS. 107 

NUMBER 45. -SECTION 2815. 

REPORT OF REFEREES. 

To , Superintendent of county: 

We, the undersigned, appointed to assess the damages which the owner will 
sustain by the appropriation, for school purposes, of the following described real 
estate 



do hereby report that we have on this day of , 189. . 

carefully examined said described real estate and have assessed the damages at 

dollars. 

189.. 



Referees. 



NUMBER 46.— SECTION 2815. 
NOTICE OF ASSESSMENT OF DAMAGES. 

To , county: 

You are hereby notified that referees were appointed to assess the damages 
which the owner would sustain by the appropriation for school purposes of the 
following - described real estate 



and that said referees met at said premises on the day of 

189. . , and assessed said damages at dollars, as shown by their report 

on file in my office. 

.• 189.. 

County Superintendent. 



NUMBER 47.— SECTION 2818. 

AFFIDAVIT OF APPEAL. 



State of Iowa, ) 

V 



.county. 



V. 

School Township of . 



I, , being duly sworn, on oath, say: that on 

the day of , 189. ., the board of directors of 

said school township rendered a decision (or made an order) whereby {here state 
facts showing affiant's interest in the decision, and the injury to that interest); that said 
board in rendering the decision (or making the order) aforesaid, committed errors 
as follows. (Here, state the errors charged.) 



Subscribed and sworn to by before me, this day 

of , 189.. 



Notary Public. 



108 BLANK FORMS. 



NUMBER 48.— SECTION 2819. 
NOTICE OF APPEAL. 



State of Iowa, { 
, county. \ 



v. 
School Township of . 



To , Secretary Board of Directors of the School Town- 
ship of 

You are hereby notified that has filed in my office an affidavit 

alleging that said board of directors, on the day of , 189 . . 

made a decision (or an order) whereby (here describe the decision or order so that the 
secretary may identify it), and claiming an appeal therefrom. You are therefore 
required within ten days after receiving this notice, to file in my office a complete 
transcript of the record of the proceedings of the board relating to said order, 
together with copies of all papers filed with you pertaining to said action appealed 
from. 

,189.. 

County Superintendent. 



NUMBER 49.— SECTION 2819. 

certificate to secretary's transcript. 

I, , secretary of the board of directors of the school 

township of , in the county of , state of 

Iowa, hereby certify that the foregoing is a correct and complete transcript of 
the record of all proceedings of the board and of all papers filed relating to the 

case v 

, 189.. 

Secretary. 



NUMBER 50.— SECTION 2819. 
NOTICE OF HEARING OF APPEAL. 



State of Iowa, 
countv. 



|-ss. 



v. 
School Township of. 



To 

You are hereby notified that there is on file in this office a transcript of the 

proceedings of the board of directors of the school township of 

at a meeting held on the day of , 189 . . , in relation to 

(here describe the decision or order appealed from), from which appeal has been taken; 

and that the said appeal will be heard before me at on the 

day of , 189 . . , at o'clock m. 

, 189.. 

County Superintendent. 



NUMBER 51.— SECTION 2820. 
certificate to county superintendent's- transcript. 

I, , superintendent of 

county, state of Iowa, hereby certify that the foregoing is a correct and complete 



BLANK FORMS. 109 

transcript of the records of all proceedings had, testimony given and papers filed 

in my office, and my rulings thereon, also of my decision in the case 

v 

, 189. 

County Superintendent. 



NUMBER 52.— SECTION 2824. 
BOND FOR SALE OF BOOKS AND SUPPLIES. 

Know all Men by these Presents: 

That we, , of the county of . 



as principal, and and , as sureties 

are held and firmly bound unto the in the county of , state 

of Iowa, in the penal sum of dollars, for the payment of which we 

bind ourselves, our heirs, executors and administrators, firmly by these presents. 

The Condition of the Foregoing Obligation is, That, whereas, the above named 

, is to take charge of, care for, and account for, 

all text-books and supplies, and to return all moneys received from the sale of 
such books and supplies to the contingent fund of said district; now, if the said 

shall promptly pay over to the treasurer of the district all 

money which may come into his hands from the sale of books and supplies, and 
shall account in full at any time for all books and supplies coming into his hands, 
and shall deliver to any person or officer authorized to receive the same, all books 
and supplies unsold, and make full settlement as required by law, then this bond 
to be void, otherwise in full force. 

Signed this day of , 189. . 



NUMBER , 53.— SECTION 2828. 

NOTICE TO PUBLISHERS OF TEXT-BOOKS. 

Notice is hereby given that in accordance with law, bids will be received up 

to of the day of , 189... 

by at for the following 

text-books and supplies for the use of the schools of said 

Approximate Number Needed for First Supply 

Readers, First to Fifth, inclusive 

Arithmetics, two books 

Speller 

Geographies, two books 

United States History 

Grammar 

Language Lessons 

Copy books, 1-5 inclusive 

Physiology 



Approximate number in attendance upon the schools of said. 
during the year 189 



110 BLANK FORMS. 

Samples of all text-books included in any bid must be deposited and remain in 
the office of the county superintendent. 

The board reserves the right to reject any or all bids, or any part thereof. 

President. 

Secretary. 

, 189.. 



NUMBER 54.— SECTION 2830. 

BOND OF CONTRACTOR TO FURNISH TEXT-BOOKS. 

Know all Men by these Presents: That we, of 

, as principal, and 

, as sureties, are held and firmly bound unto the 

in the penal sum of 

to be paid to the said for which pay- 
ment well and truly to be made, we bind ourselves, our heirs, executors and 
administrators, firmly by these presents. 

The conditions of the above obligation are such that if the above bounden 

shall well and truly fulfill and comply 

with all the obligations of their contract made on the day 

of 189. . , with the aforesaid 

providing for the furnishing of school text-books at prices and on conditions set 
forth in their said contract, a copy of which said contract is hereto attached and 
made a part hereof, then this obligation to be void; otherwise to remain in full 
force and effect. 

In testimony whereof we have hereunto subscribed our names this 

day of , 189.. 



Principal. 



Sureties. 



NUMBER 55.— SECTION 2831. 

PETITION FOR COUNTY UNIFORMITY. 

To County Superintendent: 

We, the undersigned, holding the office of school director, ask for the adop- 
tion of a uniform series of text-books in the schools of this county, and that you 
take steps to submit the question to the electors of the county, at the annual 
school meeting in March, as provided for by law. 



NAMES. 


DISTRICT NAME. 


TOWNSHIP. 





















189. 



INDEX TO FORMS. HI 



INDEX TO FORMS. 



NO. PAGS. 

Teacher's Certificate 1 90 

Teacher's Certificate for Two Years 2 91 

Certificate for Special Branches 3 91 

Revocation of Teacher's Certificate 4 92 

Application for Teachers' Normal Institute 5 92 

Monthly Heport of Institute Fund 6 92 

Report of Registration Fees, Institute Fund 7 93 

Receipt for Institute Fund 8 93 

Order on Institute Fund 9 93 

Notice of Annual Meeting 10 93 

Proceedings of Annual Meeting 11 94 

Certificate of Election 12 94 

Notice of Subdistrict Meeting 13 95 

Proceedings of Annual Subdistrict Meeting - 14 95 

Certificate of Election of Director of Subdistrict 15 95 

Certificate of Tax Voted by Subdistrict Meeting 16 95 

Bond of Secretary or Treasurer 17 96 

Draft on the County Treasurer 18 97 

Order on District Treasurer 19 97 

Order Register of Secretary and Treasurer 20 97 

Register of Persons of School Age 21 97 

Certificate to County Officers 22 98 

Certificate of Tax 23 98 

Certificate Apportioning Tax 24 98 

Certificate of Tax Voted by a Subdistrict 25 98 

Treasurer's Account 26 99 

Certificate of Appointment 27 99 

Deed for Schoolhouse Site 28 99 

Lease of Schoolhouse Site 29 100 

Contract Between Board and Teacher 30 100 

Proposals for Erection or Repair of Schoolhouse 31 101 

Contract for Building Schoolhouse 32 101 

Bond for Performance of Contract 33 101 

List of Parents and Children, kept by Director 34 102 

Teacher's Daily Register 35 103 

Teacher's Term Report 36 104 

Notice Permitting Attendance from Another District 37 104 

Notice of Semi-annual Apportionment 38 104 

Certificate of Election of County Superintendent 39 105 

Certificate of Qualification of Countv Superintendent 40 105 

Notice of School Tax Collected 41 105 

Application for Appointment of Referees 42 105 

Appointment of Referees 43 106 

Notice to Owner of Real Estate 44 106 

Report of Referees 45 107 

Notice of Assessment of Damages 46 107 

Affidavit of Appeal '. 47 107 

Notice of Appeal 48 108 

Certificate to Secretary's Transcript 49 108 

Notice of Hearing of Appeal 50 108 

Certificate to County Superintendent's Transcript 51 108 

Bond for Sale of Books and Supplies 52 109 

Notice to Publishers of Text-books 53 109 

Bond of Contractor to Furnish Text-books 54 110 

Petition for County Uniformity 55 110 



112 INDEX. 



INDEX. 

ACCOUNTS, by board educational examiners, 2633; by trustees normal school, 2680; 
by county high school, 2729; of applicants examined, 2736; of institute fund, 
2738; kept by secretary, 2761; kept by treasurer, 2768; audited by board, 2780; 
for attendance, certified to county auditor, 2803; kept by county auditor, 2808; 
of bonds sold, kept by treasurer, 2812; kept by county board of education, 2833. 

Acre, site taken by condemnation may not exceed, 2814. 

Adjournment, less number of board than quorum may adjourn, 2771. 

Advertisement, proposals to build of $300 and over, must be invited by, 2779; 
before text-books are adopted, 2828. 

Affidavit, of appeal, of what it consists, 2818; is basis of appeal, 2818; must be 
filed within thirty days, 2818; shall set forth error complained of in a plain 
and concise manner, 2818. 

Age, of voter at school meeting, 2748; for enumeration, 2764; for free attendance, 
2773; of scholars in attendance kept, 2789: of scholar, 2804. 

Alcoholic drinks and narcotics, effects of, taught in normal school, 2677; 
examination for teacher must include, 2736; certificate of teacher failing or 
neglecting to teach effects of, must be revoked, 2737; county superintendent 
must report manner and extent of instruction in effects of, 2739; law with 
regard to teaching effects of, must be enforced, 2740; instruction as to effects 
of, must be given all scholars, 2775. 

Annual meeting, held second Monday in March, 2746; officers of, 2746; voters 
at, 2747; powers of, 2749; voting at, must be by ballot, 2749; in independent 
districts, 2754; notice of, 2763; vote of, must be executed by board, 2778; state- 
ment of receipts and expenditures to be presented at, by board, 2780; vote tax 
to pay judgment indebtedness, 2811; may authorize change of text-books, 2829; 
may vote free text-books, 2836; may discontinue loaning of text-books, 2837. 

Apparatus, value of, reported to governor, 2625; amount expended for, in county 
high school, reported, 2731; value of, reported by secretary, 2765; may be pur- 
chased with contingent fund, 2783. 

Appeal, from decision by county superintendent, 2623; who may take, 2818; affi- 
davit is basis of, 2818; county superintendent to notify secretary, 2819; secre- 
tary to send up transcript, 2819; time of hearing fixed, 28 1 9; interested per- 
sons notified, 2819; testimony heard and decision rendered, 2819; decision final 
unless appealed from, 2819; to superintendent public instruction, 2820; judg- 
ment for money not to be rendered, 2820; county superintendent issues sub- 
poenas, 2821; compels attendance of witnesses, 2821; compensation to witnesses 
in, 2821; costs of, may be paid, 2821; transcript of costs filed with clerk of 
court, 2821. 
Appointment, of deputy, by superintendent public instruction. 2621; of teachers' 
normal institute, 2622; of two. members board educational examiners, by gov- 
ernor, 2628; of assistant examiners, 2629; to fill vacancies in trustees county 
high school, 2729; of deputy, by county superintendent, 2734; of assistants at 
examination, 2735; of judges of election at annual meeting, 2746; qualifications 
of person for, as school officer or member of board, 2748; of chairman and sec- 
retary for subdistrict meeting, 2751; of judges of election in districts of 5,000 



INDEX. 112 

or over, divided into election precincts, 2756; no teacher or other employe oi 
the board eligible as secretary in independent districts, 2757; by board to til] 
vacancy in its membership, 2758; to fill vacancies, must be by ballot, 2771; ol 
temporary president or secretary, 2772. 

Apportionment, see Semi-annual Apportionment. 

Appraisers, see Referees. 

Arbitrators, when boards cannot agree on division of assets and liabilities, 
may be selected, 2802; decision of, made in writing, 2802; appeal from decision 
of, to district court, 2802. 

Assets and liabilities, boards shall make equitable division of, 2802. 

Attendance, at normal school, 2676: at county high school, 2733: school for, 
determined by board. 2773; every school free to actual residents, 2773; in other 
districts, 2774; expenses of transportation paid, 2774; register of, 2789; in 
another district, 2803: age for, 2804; of nonresidents, 2804. 

Auditor, see County Auditor. 

Auditor of state, issues warrant for subscription to educational school paper, 
2624; receives report of enumeration from superintendent public instruction, 
2625; issues warrant for each institute, 2626; issues warrant for salaries and 
expenses, 2627; issues warrants for compensation board educational examiners, 
2634; issues warrants for compensation officers board trustees normal school, 
2681. 

Ballot, director for subdistrict elected by, 2751; directors elected by, 2754; elec- 
tion in districts of 5,000 or more divided into precincts, must be by, 2755; offi- 
cers of board elected by, 2757; vacancies among officers or members of board, 
filled by, 2771; vote on formation of independent school district taken by, 2794: 
vote for rural independent school district organization taken by, 2797; vote to 
unite independent districts, taken by, 2799; vote to unite rural independent 
school districts into school townships taken by, 2800; vote to authorize free 
text-books taken by, 2837. 

Ballot box, provided for each precinct in independent school districts of 5,000 
and over, divided into election precincts, 2756. 

Barbed wire, county superintendent shall see that provisions relating to use of, 
are observed and enforced, 2740; shall not be used to inclose school building 
or grounds, 2817; not used within ten feet of schoolhouse site, 2817; penalty 
for use of, 2817. 

Bible, shall not be excluded from any school, 2805; no child required to read, 
contrary to wishes of parent or guardian, 2805. 

Blind persons, of school age, reported to College for the Blind, 2739; of school 
age, reported to county superintendent, 2765. 

Board of directors, county superintendent not to be member of, 2734; term 
of, 2745; qualifications for member of, 2748; number of, in school townships, 
2752; number of, in independent districts, 2754; election of, in school town- 
ships, 2751-2752; election of, in independent districts, 2754-2756; meetings of, 
2757; election of officers, 2757; qualification of members, 2758; vacancy in, filled 
by appointment, 2758; president of, duties of, 2759; may employ counsel, 2759; 
secretary and treasurer each gives bonds, 2760; bonds to be filed with presi- 
dent, 2760; secretary, duties of, 2761-2767; proceedings of, to be recorded by 
secretary, 2761; treasurer, duties of, 2768-2769; quorum of, 2771; vacancies in, 
filled by ballot, 2771; appoints temporary president or secretary, 2772; pre- 
scribes course of study, 2772; makes rules and regulations, 2772; requires per- 
formance of duty, 2772; fixes site for schoolhouse, 2773; determines number of 
schools, 2773; determines particular school each child shall attend, 2773; des- 
ignates period each school shall be held beyond the time required by law, 
2773; may rent room and employ teacher for any ten scholars, 2774; may con- 
tract for instruction in other districts, 2774: may pav transportation of chil- 
8 



114 INDEX. 

dren, 2774; shall require teachers to give and scholars to receive instruction 
in effects of stimulants, 2775; may establish graded or union schools, 2776; may 
select person to have general supervision of schools, 2776; shall carry into 
effect instructions from annual meeting, 2778; shall elect teachers and make 
contracts, 2778; shall consult county superintendent before building school- 
house, 2779; if amount exceeds $300, shall advertise before contracting, 2779; 
shall audit all claims, 2780; shall make .settlement with treasurer, 2780; shall 
present statement of annual receipts and expenditures, 2780; fixes compensa- 
tion of secretary and treasurer, 2780; no member of, may receive compensa- 
tion, 2780; provides for visiting schools, 2782; may discharge teacher for cause, 
2782; may expel scholar, 2782; may readmit scholar, 2782; may empower teacher 
to dismiss scholar temporarily, 2782; may insure school property, 2783; may 
purchase dictionaries, library books, and apparatus, 2783; may furnish text- 
books to indigent children, 2783; may loan text-books to scholars, 2783; shall 
give special attention to matter of water-closets, 2784; shall limit director of 
subdistrict in contracting, 2785; may hold an industrial exposition, 2786; shall 
have shade trees set out, 2787; shall not pay person for teaching without cer- 
tificate, 2788; how chosen, when new civil township is formed, 2790; may con- 
sent to attach territory, 2791; territory restored by concurrent consent of, 
2792; territory restored by consent of, and county superintendent, 2792; may 
establish boundaries of contemplated independent school district, 2794; shall 
give notice of election of directors, 2795; may change boundaries of subdis- 
tricts by majority vote of, 2801; shall divide assets and liabilities, 2802; in case 
of disagreement, arbitrators shall be appointed, 2802; may agree upon terms 
of attendance, 2803; fixes terms for attendance of nonresidents, 2804; may not 
exclude bible from school, 2805; shall estimate taxes, 2806: shall pay judgment 
out of proper fund, 2811; shall certify tax to pay judgn ent, 2811; may issue 
bonds to pay judgment indebtedness, 2812; may issue bonds to pay bonds 
maturing, 2812; shall provide tax to pay bonds or interest due, 2813; may take 
schoolhouse sites, 2814; shall deposit amount of referees' assessment, 2815; 
shall pay costs of referees' assessment, 2815; may not use barbed wire to 
inclose schoolhouse grounds, 2817; may adopt and purchase text-books, 2824: 
may select person to keep books and supplies for sale, 2824; must advertise for 
bids before adopting text-books, 2828; shall arrange for free text-books, when 
voted, 2837. 
Board of directors, of independent school district, term of, 2745; election of. 
2754-2756; may establish kindergarten departments, 2777; for new district, 
2795; certifies taxes for new district, 2796; may subdivide district, 2798; may 
unite districts, 2799; may issue bonds, 2812; shall certify tax to pay bonds or 
interest due, 2813. 
Board op directors, of rural independent school district, term of, 2754; elec- 
tion of, 2754; changes boundaries, 2793; for new district, 2797; may subdivide 
district, 2798; may unite districts, 2799; may unite districts into school town- 
ship, 2800. 
Board of directors, of school township, term of, 2745; number of, 2752; elec- 
tion of, 2751-2752; may instruct directors, 2785; may divide school township 
into subdistricts, 2801; must apportion schoolhouse tax among subdistricts, 
2806. 
Board of educational examiners, of whom consists, 2628; superintendent 
public instruction president, 2628; shall hold at least two examinations annu- 
ally, 2629; adopts rules and regulations, 2629; keeps record of proceedings. 
2629; may issue state certificates and state diplomas, 2629; to graduate of any 
state normal school, 2630; to person holding certificate of same grade from 
another state, 2630; to primary school teachers, 2630; keeps complete register 
of persons to whom certificates or diplomas are issued, 2630; may revoke cer- 
tificate or diploma, 2631; shall require fee for examination, 2631; shall pay all 



INDEX. 115 

moneys into state treasury, 2G31; certificate or diploma must be registered, 
2632; shall keep a detailed account of moneys received and expended, and 
publish such account, 2033; compensation of members, 2634; compensation of 
assistants, 2634. 
Board of supervisors, may submit question of establishing county high school. 
2728; appoints trustees county high school, 2728; may fill vacancies in trustees 
of county high school, 2729; requires bond of trustees, 2729; shall levy tax to 
build, 2731; county superintendent not to be a member of, 2734; shall provide 
room at county seat for county superintendent, 2735; may appropriate addi- 
tional funds for support of institute, 2738; may allow county superintendent 
additional compensation, 2742; shall levy special schoolhouse tax voted by 
subdistrict upon itself, 2753; shall levy tax for new independent school dis- 
trict, 2798; shall levy taxes for school funds, 2807; shall levy county tax of one 
to three mills, 2807; shall levy tax to pay bonds or interest due, 2813; included 
in county board of education, 2831. 
Board of trustees, of county high school, who shall constitute, 2728; county 
superintendent member and president of, 2728; shall qualify, 2729; election 
of, 2729; in three classes, 2729; shall appoint secretary and treasurer, 2729: 
shall select site for school, 2730; shall estimate funds needed, 2730; shall pro- 
ceed to build, 2731; shall employ teachers, 2731; shall have annual reports 
made, 2731; compensation members of, 2731; shall approve rules and regula- 
tions, 2732; shall admit students from county without charge, 2733; may admit 
from outside the county, 2733. 
Board of trustees, of normal school, shall elect officers, 2675; shall make rules 
and regulations, 2676; may charge for contingent expenses, 2676; may charge 
a tuition fee, 2676; must have effects of alcoholic drinks and narcotics taught, 
2677; may receive scholars from same school district, 2678; shall report bien- 
nially to governor, 2680. 
Bond, of officer, of treasurer normal school, 2675; of trustees county high school, 
2729; of treasurer county high school, 2729; of secretary and treasurer of 
board, 2760; shall be filed with the president, 2760; president shall bring 
action on, 2760; of contractor to build, 2779; of person appointed to keep books 
and supplies for sale, 2824; of publishers, suit on, 2827; of contractor furnish- 
ing books or supplies, 2830; surety companies accepted on, 2830. 
Bonds, women may vote on question of issuing, 2747; board may issue to pay 
indebtedness, 2812; voters may vote, 2812; signed by president, 2812; counter- 
signed by secretary, 2812; when payable, 2812; delivered to treasurer, 2812- 
treasurer shall sell, 2812; treasurer may exchange, 2812; cost of engraving 
and printing, paid from contingent fund, 2812; treasurer keeps record to whom 
bonds are sold, 2812; form and other requirements of, 2812; not to be disposed 
of for less than par value, 2812; must be paid in order of issuance, 2812; tax to 
pay bonds or interest due, 2813. 
Books, see Text-books. 

Boundaries, of divisions for attendance at school, 2773; changed by attaching 
territory, 2791; changed by restoration of territory, 2792; of contiguous inde- 
pendent districts in same civil township, 2793; established to form independ- 
ent school district, 2794: subdivision of independent districts, 2798; uniting 
independent districts, 2799; division of school township into subdistricts. 2801* 
alterations in subdistrict, designated on plat, 2801; description of, recorded in 
records of school township, 2S01; copy description of changes delivered to 
county treasurer and auditor, 2801; of subdistricts must conform to congres- 
sional divisions, 2801; changes in subdistrict, take effect at next subdistrict 
election, 2801; division of assets and liabilities, 2802. 
Branches of study, in normal school, 2676; trustees in normal school shall 
have effects of stimulants taught, 2677: in county high school, 2732; added to 
course of study by voters, 2749; determined by board, 2772. 



116 INDEX. 

CANVASS OF votes, to establish county high school, 2728; at annual meeting of 
voters, 2746; at annual subdistrict meeting, 2751; in districts of 5,000 or over, 
divided into election precincts, 2756; when officers of board are chosen, 2757; 
record of, to be kept by secretary, 2761; when vacancy among officers or mem- 
bers of board occurs, 2771; when formation of independent school district is 
voted upon, 2795; when vote is taken to form rural independent school dis- 
tricts from subdistricts of school township, 2797; to unite independent dis- 
tricts, 2799; to unite rural independent school districts into school township, 
2800; when county uniformity is voted upon, 2832. 

Certificate of election, to directors elected, 2746, 2756; to director of subdis- 
trict, 2751. 

Certificate of teacher, examination for, 2735; for special studies, 2736; term 
of, 2737; revocation of, 2737; fee for, 2738; every teacher must have, 2788. 

Certificate or diploma, granted upon examination, 2629; given to graduates, 
2630; certificate given to primary teachers, 2630; how long valid, 2631; revoca- 
tion of, 2631; fee for, 2631; registration of, 2632. 

Chairman, superintendent public instruction president board educational exam- 
iners, 2628; superintendent public instruction president board trustees normal 
school, 2675; county superintendent president board trustees county high 
school, 2728; president of board acts as, of annual meeting of district, 2746; 
voters select, of subdistrict meeting, 2751; president of board acts as, at all 
meetings of board, 2759; temporary, appointed when regular officer is absent, 
2772; county superintendent is, of county board of education, 2833. 

Change of boundaries, see Boundaries. 

Charts, may be purchased with contingent fund, 2783. 

Child, see Scholar. 

City and town districts, see Independent School District. 

CrvTL township, each a school township, 2744; meetings of board may be held at 
any place in same, 2757; when formed constitutes a school township, 2790; 
lines of, shall not prevent attachment of territory, 2791; boundaries of rural 
independent school districts in same, may be changed, 2793; rural independ- 
ent school districts of. may be united into a school township, 2800. 

CLAIMS, for traveling expenses superintendent public instruction, 2627; for 
expenses board educational examiners, 2634; for traveling expenses treasurer 
normal school, 2681; for trustees county high school, 2731; for compensation 
county superintendent, filed with county auditor, 2742; for expenses incurred, 
kept by secretary, 2761; audited and allowed by board, 2780; when changes of 
boundai'ies are made, 2802; for damages when site is condemned, 2815. 

Clerk of election, secretary acts as, of annual meeting, 2746; for subdistrict 
meeting, chosen by voters, 2751; appointed in each precinct of districts of 
5,000 or over, divided into precincts, 2758; shall record result of votes at annual 
meeting, 2761. 

Compensation, of superintendent public instruction, 2627; of his deputy, 2627; of 
board educational examiners, 2634; of teachers in normal school, 2676; of sec- 
retary normal school, 2681; of treasurer normal school, 2681; of trustees county 
high school, 2731; of teachers county high school, 2731; of county superintend- 
ent, 2742; to be paid teachers, 2778; of secretary and treasurer, 2780; no member 
of board may receive, 2780; not recovered by teacher for services without cer- 
tificate, 2788; of referees, 2815; to owner of schoolhouse site condemned, 2815; 
to witnesses in appeal, 2821; to person keeping books and supplies for sale, 
2824. 

Concurrent action, of county superintendent and board in attaching territory, 
2791; of boards in restoring territory, 2792; of electors, county superintendent, 
and board, in restoring territory. 2792; of boards in changing boundary lines 
of independent districts in same civil township, 2793; of boards in detaching 



INDEX. 117 

territory to form an independent district, 2708; of boards in uniting independ- 
ent districts, 2799; of boards in agreeing on terms of attendance, 2803; of county 
superintendent and board where children attend, 2803. 

< !i ixdkmnatiON, of land for schoolhouse site or public road, 2815. 
CONDUCTOR OF institute, see Teachers' Normal Institute. 

( '( >\ t solidation OF DISTRICTS, independent districts may unite, 2799; rural inde- 
pendent school districts may unite into a school township, 2800. 
Contingent fund, see Funds. 

< JONTRACTS, trustees normal school may make, with board of directors, 2678; by 

trustees county high school, 2731; voters may authorize. 2749; president must 
sign, 2759; by board with other districts for instruction of children, 2774; for 
transportation to and from school, 2774; directed by voters, must be made by 
board, 2778; with teachers, must be in writing, 2778; with teacher, filed with 
secretary, 2778; to build at a cost exceeding $300 must be made by adver- 
tisement, 2779; to build shall be let to lowest bidder, 2779; director of subdis- 
trict may make, for purposes mentioned, 2785; when made by director of sub- 
district, must be approved by president and reported to board, 2785; between 
boards regarding attendance, 2803; for adoption of text-books, 2824; for text- 
books by board of directors or county board of education, 2830. 

( !( >.vvention. superintendent public instruction may call, of county superintend- 
ents, 2622; county superintendent receives expenses for attendance at, 2742. 

Corporate name, of school districts, 2744. 

Corporation, see School District. 

COSTS, of making referees' assessment, paid by school district, 2815; in appeal, 
taxed to party responsible for appeal, 2821; of prosecution when school officer 
acts as agent or dealer in text-books, 2834. 

Counsel, may be employed by board, 2759. , 

County, failing to make report, county superintendent shall forfeit $50 to school 
fund of, 2741; action against county superintendent for failure to make report 
brought by, 2741; township or county lines not a bar to attaching territory, 
2791; territory set off to another, may be restored, 2792; attendance from 
adjoining, may be allowed, 2803; provisions relating to payment of school bonds 
same as for county bonds, 2812; uniformity of text-books in, 2832. 

County attorney, shall assist county superintendent in enforcing laws, 2740; 
shall bring action upon request of county superintendent, 2740. 

COUNTY auditor, county superintendent files statement with, of time employed, 
2742: records plat of changes in subdistrict boundaries, 2801; deducts amount 
of tuition from apportionment, 2803; makes semi-annual apportionment, 2808; 
notifies president of apportionment, 2808; certifies qualification of county 
sviperintendent, 2809; forwards certificate interest on school fund to auditor of 
state, 2809; is member county board of education, 2831; is secretary county 
board of education, 2833. 

County high school, any county may establish, 2728; board of supervisors sub- 
mits question of establishing, 2728; votes for and against canvassed, 2728; 
board of supervisors appoints trustees, 2728; county superintendent member 
of board and president, 2728; when and how trustees are elected, 2729; vacan- 
cies in board filled by appointment of board of supervisors, 2729; oath and 
bond of trustees, 2729; terms of office of trustees, 2729; secretary and treasurer 
of, appointed from board, 2729; treasurer gives. bond as such, 2729; board selects 
site, 2730; makes estimate of funds needed, 2730; presents estimate to board of 
supervisors, 2730; tax not to exceed two mills and five mills, 2730; tax levied 
and collected, 2730; tax paid to treasurer of, 2730; board makes purchases and 
contracts for, 2731; employs teachers, 2731; provides for payment of salaries, 
2731; annual report of, made to board of supervisors, 2731; annual report of, 
printed in at least one newspaper in county, 2731; copy forwarded to superin- 
tendent public instruction, 2731; compensation of trustees, 2731; rules and 



1 18 INDEX. 

regulations made, 2732; refractory students may be expelled, 2732; tuition in, 
free to residents of county, 2733; apportionment of students, 2733; students 
from other counties may be admitted, 2733. 
County superintendent, shall distribute school laws, 2624; member board 
trustees county high school, 2728; president board trustees county high 
school, 2728; may be of either sex, 2734; shall hold certificate or diploma, 2734; 
ineligible as school director or member board supervisors, 2734; may appoint 
deputy, who cannot visit schools or try appeals, 2734; shall comply with direc- 
tions from superintendent public instruction, 2735; shall transmit communica- 
tions, 2735; may visit schools, 2735; shall visit any school, when, 2735; shall 
examine for teacher's certificate, 2735; may hold special examinations, 2735; 
shall keep record of examinations, 2736; may issue certificates, 2737; shall 
revoke a certificate, 2737; shall hold normal institute, 2738; shall require reg- 
istration fee, 2738; shall require fee from every applicant for certificate, 2738; 
shall transmit all moneys to county treasurer, 2738; shall draw no order on 
institute fund except for bills approved, 2738; shall report annually to super- 
intendent public instruction, 2739; shall file enumeration with county auditor, 
2739; shall report to institutions, 2739; shall enforce school laws, 2740; may 
require assistance of county attorney, 2740; shall forfeit $50 for failure to make 
report, 2741; shall receive compensation, 2742; shall receive expenses for 
attendance at convention of county superintendents, 2742; shall file statement 
of time employed, 2742; notified by secretary when each school begins, 2765; 
receives annual report from secretary, 2765; receives report of officers of dis- 
trict, 2766; receives annual report from treasurer, 2769; may release board 
from obligation to have school taught, 2773; may grant kindergarten certifi- 
cate, 2777; approves plans for schoolhouse, 2779; shall call attention of board 
to neglec^ to protect shade trees, 2787; gives notice of first meeting in new 
school township, 2790; shall attach territory to another district, 2791; shall 
concur in restoration of territory, 2792; may concur in attendance, 2803; cer- 
tificate of qualification of, made by county auditor, 2809; appoints referees to 
condemn schoolhouse site, 2815; gives notice to owner of land, 2815; receives 
affidavit of appeal, 2818; notifies secretary to file transcript, 2819; notifies 
interested parties of hearing, 2819; hears testimony and decides appeal, 2819; 
appeal from decision of, 2820; has power to issue subpoenas, 2821; files tran- 
script of costs of appeal with clerk of court, 2821; may be consulted in adop- 
tion of text-books, 2828; is custodian of samples of text-books, 2830; member 
county board of education, 2831; receives petitions for county uniformity, 
2831; is chairman county board of education, 2833; reports list of books, with 
contract prices, 2833; may not act as agent or dealer in text-books or supplies, 
2834. 

County treasurer, pays over tax to county high school, 2730; receives insti- 
tute fund from county superintendent, 2738; records changes in subdistrict 
boundaries, 2801; pays apportionment due, 2808; gives notice quarterly of 
taxes collected, 2810; pays taxes to district treasurer, 2S10; keeps taxes for 
schoolhouse purposes separate, in each subdistrict, if necessary, 2810; amount 
found by referees deposited with, 2815. 

Course OP STUDY, shall be prescribed by board, 2772; in graded or union schools, 
must be approved by superintendent public instruction, 2776. 

Deaf and dumb, number of, of school age, reported to superintendent school 
for the deaf, 2739; of school age, reported to county superintendent by secre- 
tary, 2769. 

DECISIONS, in appeal by superintendent public instruction, 2623: important, 
included in volume of school laws, 2624; of board may lie appealed from, 2818; 
of county superintendent final unless appealed from. 28l!J: of superintendent 
public instruction final, 2820. 



INDEX. lie 

Depositories, arranged for by county board of education, 2S32. 

Deputy, of superintendent public instruction, 2(521; of county superintendent. 
2734. 

Diploma, see Certificate or Diploma. 

DIRECTOR, term of, 2745; m;iy be of either sex, 2748; number in independent dis- 
tricts, 2754; tie vote for, publicly determined by lot, 2754; annual and special 
meetings of board, 2757: qualifies on or before third Monday in March, 2758. 
shall take oath, 2758; any member may administer official oath to, 2758; holds 
until successor is qualified, 2758: vacancy filled by appointment, 2758; sur- 
renders office to successor, 2770; in school township may be instructed by 
board to make certain contracts, 1.785; penalty for wilful failure or neglect o1 
duty, 2822. 

DIRECTOR, of subdistrict, chosen for one year, 2745; may be of either sex, 2748: 
gives notice of subdistrict meeting, 2751; elected in subdistricts, 2751; number 
in school townships, 2752; may be authorized by board to make contracts for 
fuel and in like matters, 2785; shall prepare annually list of children in sub- 
district of school age, 2785; shall report list to secretary of school township, 
2785; may have industrial exposition held, 2786; elected for new subdistrict, 
2801. 

Dismissal, of teacher, 2782; of scholar, 2782. 

Distribution, of cloth bound school laws, 2624; of paper bound school laws, 2624. 

District, see School District. 

District court, appeal may be taken to, from assessment made by referees, 2815: 
transcript of costs in appeal filed by county superintendent in office of clerk 
of, 2821. 

District treasurer, see Treasurer. 

DIVISION, into election precincts in districts of 5,000 or over, 2755; into wards for 
attendance, 2773; of independent districts to form two or more, 2798; of school 
township into subdistricts, 2801; of assets and liabilities, 2802. 

Dwelling, see Residence. 

Educational examiners," see Board of educational examiners. 

Educational journal, superintendent public instruction may subscribe for, 
2624. 

Election, to vote upon establishment of county high school, 2728; to choose 
trustees for county high school, 2729; in all districts, 2746; qualifications to 
vote at, 2747; of director of subdistrict, 2751; in independent districts, 2754; of 
treasurer by voters, in independent school districts, 2754; precincts in dis- 
tricts of 5,000 or over, 2755; of officers of board, 2757; notice of, 2763; to fill 
vacancies among officers or members of board, 2771; to form independent 
school district, 2794; to choose board for new district, 2795; to form rural inde- 
pendent school districts, 2797; to subdivide independent district, 2798; to unite 
independent districts, 2799; to unite rural independent school districts into a 
school township, 2800; when changes in boundaries are made, boards continue 
to act until next, 2802; to vote bonds, 2812; to change or displace text-books, 
2829; to vote on county uniformity, 2831; to vote on free text-books, 2836. 

Election precincts, in districts of 5,000 or over, 2755; register of voters in, 
2755; conduct of elections in, 2756. 

Electors, see Voters. 

Eligibility for office, one appointed member board educational examiners 
must be a woman, 2628; county superintendent must hold first class certificate 
or state certificate or diploma, 2734; county superintendent may be of either 
sex, 2734; county superintendent may not be a school director or member 
board of supervisors, 2734; officer or member of board may be of either sex, 
and must be a citizen and resident, 2748; if a man, must be a qualified voter, 
2748; secretary and treasurer must be chosen outside the board, 2757; no 



120 INDEX. 

teacher or other employe of board eligible as secretary in any independent 
district, 2757. 
Employe, no teacher or other, of the board eligible as secretary in any inde- 
pendent district, 2757. 
English language, all instruction shall be given in, 2749. 
Enumeration, reported to auditor of state, 2625; register of, kept by secretary. 
2764; reported to county superintendent, 2765; list of, prepared by director of 
subdistrict, 2785. 

Examination, for state certificate or diploma, 2629; for county certificates, 2735: 
record of, 2736; in additional branches, 2737; fee for, 2738; upon kindergarten 
principles and methods, 2777. 

Examiners, see Board of Educational Examiners. 

Expenses, traveling, of superintendent public instruction, 2627; necessary, of 
member board educational examiners shall be paid, 2634; of person appointed 
to assist in conducting examination, 2634; actual traveling, of treasurer nor- 
mal school to be paid, 2681; for counsel in suits, 2759; account of, incurred by 
district, kept by secretary, 2761; statement of, made to board by treasurer, 
2769; full statement of, made by board to annual meeting, 2780; statement of, 
in independent school districts published, 2781; estimate of, for following year 
published in detail, 2781; for tuition when scholars attend by concurrence of 
county superintendent and board, 2803; average proportion of contingent, 
2803; when schoolhouse site is condemned, 2815; as costs of appeal, 2821. 

Exposition, see Industrial Exposition. 

Expulsion of scholar, by majority vote of the board, 2782. 

Families, list of heads of, prepared by director of subdistrict, 2805. 

Fee, for state certificate, 2631; for state diploma, 2631; if applicant fails one-half 
of, returned, 2631; paid into state treasury, 2631; contingent, at normal school, 
2676; tuition, at normal school, 2676; tuition, at county high school, 2733; reg- 
istration, at institute, 2738; of every applicant for a certificate, 2738; addi- 
tional, for two years' certificate, 2738; transmitted to county treasurer, 2738; 
tuition, for attendance in another district, 2774; for transportation of children, 
2774; tuition, for attendance, 2803; of witnesses in appeal, 2821. 

Feeble minded, county superintendent reports, to institution for, 2739. 

Fences, may be provided for schoolhouse sites, 2773; barbed wire shall not be used 
for, of schoolhouse grounds, 2817. 

Fidelity companies, see Surety Companies. 

Financial statement, made by treasurer to board, 2769; made by board to 
voters, 2780; published in each independent school district, 2781. 

Fines, see Penalty. 

Forfeit, of county superintendent for failure to make report, 2741; upon breach 
of bond of secretary or treasurer, 2760; of compensation of teacher for serv- 
ices rendered without certificate, 2788; for violating provisions regarding 
use of barbed wire, 2817; for wilful violation of law, or for wilful failure or 
refusal to perform duty, 2822; for neglect or refusal of contractor to furnish 
text-books at lowest price, 2827. 

Formation of independent district, including a city, town, or village, 2794; 
from subdistricts of school township, 2797; by subdividing independent dis- 
trict, 2798; by uniting independent districts, 2799. 

FORMS, see Index to the Forms, page 111. 

Fuel, bought with contingent fund, 2768; director of subdistrict may contract 
for, under direction of the board, 2785. 

FUNDS, secretary keeps separate account with each fund, 2761; secretary certifies 
amounts required for contingent and teachers' fund, 2767; secretary certifies 
schoolhouse tax voted by voters, 2767; schoolhouse, contingent, and teachers' 
defined, 2768; separate account kept with each, by treasurer, 2768; order must 



INDEX. 121 

specify fund and object, 2768; annual report of treasurer must show separate. 
2769; insurance paid with contingent, 2783; library books and apparatus bought 
with contingent, 2783; free text-books provided from contingent, 2783; teach- 
ers' and contingent, estimated by board, 2806; amount for contingent, not to 
exceed $5 per scholar, 2806; amount for teachers' fund not more than $15 per 
scholar. 2806; $75 for each school may be levied for contingent fund, 2806; $270 
for each school may be levied for teachers' fund, 2806; interest on permanent, 
apportioned, 2808. 

Garden, may not be taken by condemnation for schoolhouse site, 2814. 

Governor, records in office superintendent public instruction open to inspection 
of, 2621; report to, made biennially by superintendent public instruction, 2625; 
two members educational board examiners appointed by, 2628; report to, made 
by board trustees normal school, 2680. 

Graded or union schools, may be established by any board, 2776; course of 
study in, must be approved by superintendent public instruction, 2776. 

Guardian, name of parent or, registered by secretary, 2764; school taxes paid by, 
in an independent district may be deducted from tuition of ward, 2804; ward 
may not be required to read bible contrary to wishes of, 2805. 

Highways, voters may authorize board to obtain, 2749; voters may vote school- 
house tax for opening, 2749; special meeting of district may vote schoolhouse 
tax to procure, 2750; schoolhouse site taken by condemnation must be on a 
public highway, 2814. 

Improvements, value of, repaid by owner when site reverts, 2816; tax to pay 
money borrowed for, in an independent school district, must be levied, 2813. 

Incumbent, treasurer holds until successor is elected and qualified, 2754; term of, 
treasurer in independent school districts, expires on third Monday in March. 
1898, 2754; director holds until successor is elected and qualified, 2758. 

Indebtedness, in division of assets and liabilities, 2802; judgment, shall be paid, 
2811; bonds to pay judgment, may be issued, 2812: bonds may be issued by 
board to refund, 2812; tax to pay bonds or interest due, 2813; original, shall 
not be incurred by issuance of bonds, until voters have so authorized, 2823; 
may not be contracted to purchase books and supplies to be resold, 2825. 

Independent school district, corporate name, 2744; board of, 2745; number 
of directors in, 2754; treasurer of, elected by voters, 2754; in independent dis- 
tricts below 5,000, polls open at 1 P. m. and remain open not less than five 
hours, 2754; of 5,000 and over, may be divided into election precincts, 2755;of 5,000 
and over, divided into election precincts, polls shall be open from 9 o'clock A. m. 
until 7 o'clock P. M., 2756; no teacher or other employe of, eligible as secretary, 
2757; higher schools in, 2776; board may establish kindergarten departments 
in, 2777; board of, must publish financial statement, 2781; water-closets in, 
2784; change of boundaries in same civil township, 2793; formation of, 2794; 
organization of, 2795; subdivision of, 2798; uniting of, 2799; may borrow money 
by issuing bonds, 2812; tax to pay bonds or interest due, 2813; not under county 
uniformity, 2835; schools in, may adopt and buy same books adopted by county 
board of education, 2835. 

Index to forms, page 111. 

Indorsement, of unpaid orders by treasurer, 2768. 

Industrial exposition, board may provide for in each school, 2786; director of 
subdistrict may provide for, 2786; of what consists, 2786; kind and plan of arti- 
cle exhibited at, explained, 2786; parents and friends invited to be present at, 
2786; ornamental work encouraged, 2786; held in the school room not oftener 
than once a month, 2786. 

Institute fund, see Teachers' Normal Institute. 

Institutes, see Teachers' Normal Institute. 

Insurance, contingent fund may be used to pay, 2783. 



122 INDEX. 

Interest, provision should be made for interest of bonds, 2767; six per cent on 
unpaid orders after indorsement, 2768; of permanent school fund a part of the 
apportionment, 2808; on bonds may not exceed six per cent, 2812; tax to pay 
interest due on bonds must be levied, 2813; may not be taken upon purchase 
price when schoolhouse site reverts, 2816. 

Joint districts, on account of natural obstacles, 2791; restoration of portion of, 
to district in which it geographically belongs, 2792. 

Judges of election, at annual meeting, who are, 2746; if absent, voters present 
appoint, 2746; shall issue certificates to directors elected, 2746; vote canvassed 
by, 2751; tie vote publicly determined by lot, 2754; in districts of over 5,C00 r 
divided into election precincts, board acts as judges, 2756; to organize inde- 
pendent school district, 2794. 

Judgment, against a district paid from proper fund, 2811; if not paid, voters vote 
schoolhouse tax to pay, 2811; if unpaid and no tax is voted, board shall certify 
to board of supervisors amount required to pay, 2811; bonds may be issued to 
pay, 2812; county or state superintendent may not give for money, 2820; county 
superintendent shall tax all costs to party responsible for appeal, 2821; clerk 
of court shall enter, for costs of appeal, 2821. 

Jurisdiction, each district has exclusive, over all its territory, 2743; powers 
granted by law apply alike to all districts, unless otherwise stated, 2823. 

Kindergarten, in any independent school district, 2777; teacher in must hold 
kindergarten certificate from county superintendent, 2777. 

Land, for schoolhouse site or highway, may be taken by condemnation, 2814. 

Language, teacher may have special certificate for, 2736; voters may determine 
that a foreign language shall be taught as a branch, 2749; schools must be 
taught in English, 2749. 

Levy of taxes, see Taxes. 

Liabilities, see Assets and Liabilities 

Library, tax to procure, may be voted by annual meeting, 2749; number of vol- 
umes in, reported, 2765; books for, furnished with contingent fund, 2783. 

Limit, annual meeting may vote not exceeding ten mills for schoolhouse fund, 
2749; subdistrict may vote additional schoolhouse taxes, but not to exceed 
fifteen mills in all, 2753; not to exceed $25 annually for each schoolroom may 
be used to purchase dictionaries, library books, maps, charts, and appa- 
ratus, 2783; of taxes, 2806; of county school tax, 2807; in paying judgment 
indebtedness, only funds available for that purpose may be used, 2811: of time 
that bonds are to run, shall not be more than ten years, 2812; of tax to pay 
principal or interest due, shall not exceed five mills, 2813; real estate taken 
for schoolhouse site not to exceed one acre, 2814; contingent fund certified to 
purchase books and supplies to be resold, shall not exceed $1.50 for each 
person of school age, 2825. 

MAJORITY vote, not required to elect director of subdistrict, 2751; majority of 
board a quorum, 2711; of board required to discharge teacher, 2782; of board 
required to expel scholar, 2782; of votes cast in each subdistrict, necessary to 
change subdistricts of school township into rural independent school districts, 
2797; of voters in each proposed district required when one district in subdi- 
vision of independent district contains less than two sections, 2798; of votes 
cast in each district necessary to unite independent districts, 2799; of votes 
cast in civil township divided into rural independent school districts, makes 
each rural independent school district a subdistrict of a new school town- 
ship, 2800; of all members of board necessary to change subdistrict bound- 
aries, 2801; of annual meeting necessary to authorize board to change or 
displace text-books before expiration of contract, 2829; necessary to adopt 
county uniformity, 2832; necessary to authorize free-text books, 2837 . 

Maps, may be purchased with contingent fund, 2783. 



INDEX. 123 

MEETINGS OF DIRECTORS, regular, when held, 2757; special, how called, 2757: 
where held, 2757; to elect officers, 2757; to estimate school taxes, 2806. 

Member of board, see Board of Directors. 

Misdemeanor, in case of failure of county superintendent to make report, 2741; 
in case of breach of bond of secretary or treasurer, 2760; in case of violation 
of provisions regarding barbed wire, 2817; in case of wilful failure or refusal 
to perform duty, 2822; in case school director, teacher, or member county 
board of education acts as agent or dealer in text-books, 2834. 

Money, see Funds. 

Name, of school district, 2744. 

Narcotics, see Alcoholic Drinks. 

Neglect OF duty, in case of breach of bond of secretary or treasurer, president 
brings action, 2760; board shall require performance of duty, 2772; teacher 
may be discharged for, 2782; penalty for use of barbed wire near schoolhouse 
grounds, 28 1 7; penalty for wilfully failing or refusing to perform duty. 2"22; 
suit on bond of publisher to be brought, if books are not furnished at very 
lowest price, 2827; director, officer, teacher, or member county board of edu- 
cation, may not act as agent or dealer in text-books or supplies, 2834. 

Newspaper, notice of annual meeting in election precinct published for two 
weeks in, 2755; bids must be invited by advertisement in, for four weeks 
before contract to build may be made for more than $300, 2799; financial state- 
ment of independent school district published in, two weeks before annual 
meeting, 2781; before purchasing text-books, board of directors or county 
board of education must publish notice in, for three weeks, 2828. 

Nonresidents, board may contract for attendance in another district, 2774; may 
attend in another district b agreement of boards, 2803; may attend in another 
district by concurrence of county superintendent and board, 2803: may attend 
on such terms as the board may determine, 2804. 

Nonuser OF site, for two years, causes site to revert, 2816. 

Normal institutes, see Teachers' Normal Institute. 

Normal SCHOOL, location and object, 2675; controlled by board of trustees, 2675: 
officers of board, 2675; treasurer of, to give bond, 2675; board of, employs 
teachers, 2676; session of, must continue at least 26 weeks, 2676; effects of 
alcoholic stimulants must be taught in, 2677; biennial report of, made to 
governor, 2680; compensation of officers of, 2681. 

Notice, of appointment of institute, 2022; of election to establish county high 
school, 2728; to teacher, of charges, 2737; of annual meeting, 2746; for submit- 
ting proposition to voters. 2749; of" special meeting of voters, 2750; of subdis- 
trict meeting, 2751; of special subdistrict meeting, 2753; in each election pre- 
cinct, 2755; of special meeting of board. 2757: given by secretary of all meetings 
of voters, 2763; of what notice consists, 2763; of receipts and disbursements in 
independent school districts, 2781; to teacher, before trial, 2782; of first meet- 
ing in new school township, 2790; for formation of independent school district. 
2794; to elect a board of directors, 2795; to vote upon changing to rural inde- 
pendent school districts, 2797; for subdivision of independent districts, 2798; 
for uniting independent districts, 2799; for uniting rural independent school 
districts into a school township, 2800; of concurrent consent for attendance, 
2803; to president of apportionment due, 2808; to president of taxes due, 2810; 
of meeting to vote bonds, 2812; to owner of bonds, 2812; to owner of schoolhouse 
site condemned, 2815; of appeal from assessment, 2815; to secretary to file tran- 
script, 2S19; of hearing of appeal, 2819: of appeal o state superintendent, 2820; 
to accept bids for text-books, 2828; oi" election on county uniformity, 2831; of 
voting upon free text-books, 2836. 

Oath, any member of the board may administer oath of qualification to a member 
dect, and to the president, 2758; of what oath consists, 2758; of secretary and 
i reasurer, 2760: of referees to condemn schoolhouse site, 2815. 



124 INDEX. 

Office, see Qualification for Office. 

Official, bonds, see Bonds. 

Opinions, superintendent public instruction shall render, regarding the school 
law, 2623. 

Orchard, not to be taken by condemnation for schoolhouse site, 2814. 

ORDERS, secretary shall draw, 2762; secretary shall countersign, 2762; secretary 
shall keep register of, 2762; secretary shall furnish register of, to board, 2762; 
treasurer shall register, 2768; treasurer shall pay, 2768; must state fund on 
which it is drawn, 2768; part payment of, may be made, 2768; unpaid to draw 
interest after indorsement, 2768; shall not be drawn until claim has been 
audited, 2780; to pay judgment, 2811. 

Organization, of annual meeting, 2746; of subdistrict meeting, 2751; of board of 
directors, 2757; of new school township, 2790; of independent school district, 
2795; on or before first day of August, 2796; of rural independent school dis- 
tricts from subdistricts of school township, 2797; of independent district out of 
territory detached from other independent districts, 2798; of independent dis- 
trict by uniting other independent districts, 2799; of school township from 
rural independent school districts of civil township, 2800; of new subdistrict, 
2801; of county board of education, 2833. 

OWNER, in certain cases, may object to site nearer than forty rods from his resi- 
dence, 2814; refusing or neglecting to give site or road thereto, land may be 
taken by condemnation, 2815; secures premises when site reverts, 2816. 

Parent, name of, registered by secretary, 2764; list of heads of familes kept by 
director of subdistrict, 2785; school taxes paid by, in any independent dis- 
trict, may be deducted from tuition of nonresident child, 2804; child may not 
be required to read bible contrary to wishes of, 2805. 

Park, may not be taken by condemnation for schoolhouse site, 2814. 

Penalty, of county superintendent for failure to make report, 2741; board fixes, 
in bond of secretary and treasurer, 2760; for failure or refusal to perform 
duty, 2822; shall be applied to use of schools, 2822. 

Petition, for formation of independent school district, 2794; to form rural inde- 
pendent school districts from subdistricts of school township, 2797; for unit- 
ing independent districts, 2799; to unite rural independent school districts into 
a school township, 2800; for county uniformity of text-books, 2831. 

Physiology and hygiene, with reference to effects of stimulants, must be 
taught in normal school, 2677; usual examination for teacher must include, 
2736; certificate of teacher failing or neglecting to teach, shall be revoked, 
2737; county superintendent must report extent to which requirements of the 
law are observed, 2739; county superintendent may require assistance of 
county attorney to enforce law, 2740; must be taught in all schools, 2775; must 
be studied by every scholar, 2775; study of subject must be completed in that 
class, before scholar is advanced, 2775. 

PLACE, superintendent public instruction determines, of teachers' normal 
^institute, 2622; board of educational examiners meets at such, as president 
may direct, 2629; petition for establishment of county high school must name, 
2728; site for county high school must be selected at place named in the peti- 
tion, 2730; county superintendent must hold examination at county seat on 
last Friday and Saturday of each month, 2735; of annual meeting given in 
notice, 2746; of subdistrict meeting given in notice, k751; meetings of board 
held any place within same civil township, 2757; notice of special meeting 
of board must specify, 2757; secretary shall post notice of meetings in at least 
five public places, 2763; notice shall be posted at or near last place of meeting 
2763; each notice shall state place of meeting, 2763; persons notified of, where 
appeal will be heard, 2819. 



INDEX. 125 

Plat, of subiistricts shall b; made by secretary, 2S01; written description of, 
shall be recorded in records of school township, 2801; copy of, shall be deliv- 
ered to county treasurer and auditor, 2801; shall be recorded, 2801. 

Poisons, sec Alchoholic Drinks. 

POLL book, must be provided for each precinct in districts having 5,000 or over, 
divided into election precincts, 2756; secretary shall keep full record in, 2761. 

Polls, at elections in all districts except those of 5,000 or more, shall open at 1 
P u., 2751; at subdistrict election, shall remain open not less than two hours. 
2754; in independent school districts below 5 000, must remain open not less 
than five hours, 2754; in rural independent school districts and school town- 
ships, must remain open not less than two hours, 2754; in districts of 5,000 or 
over having- election precincts, shall be kept open from 9 A.M. until 7 P. M., 2756. 

Population, in districts including cities of the first class or cities under sp 

charter, board consists of seven members, 2754; in all other independent school 
districts, board consists of five members, 2754; districts of 5,000 or over may be 
divided into election precincts, 2755; any city, town, or village, of over 10C 
may become the basis of an independent school district, 2794. 

Postage, for use of county superintendent, 2742; in appeal, must be paid by party 
aggrieved, 2820. 

Posting of notices, see Notice. 

Precincts, see Election Precincts. 

President, acts as judge of election, 2746; elected from board by ballot, 2757; may 
call special meeting of board, 2757; any member may administer oath of qual- 
ification to, 2758; vacancy in office of, filled by appointment, 2758; duties of, 
2759; signs all contracts, 2759; presides at meetings of board, 2759; signs drafts 
on county treasurer, 2759; appears for district in suits, 2759; bonds of secretary 
and treasurer filed with, 2760; brings action on breach of bond. 2760; tempo- 
rary, appointed, 2772; signs contract with teacher, 2778; approves contract 
made by director of subdistrict and reports same to board, 2785; certifies 
account for tuition to county auditor, 2803; receives notice of apportionment, 
2808; draws draft on county treasurer, 2810; signs district bonds, 2812: 

Property, schoolhouse or other, may be disposed of by annual meeting, 2749: 
may be disposed of by special meeting, when schoolhouse is destroyed, 2750: 
value of, reported' by secretary, 2765; rules for care of, made by board, 2772: 
schoolhouse, may be fenced by board, 2773; may be insured, 2783: when school- 
house tax is levied on subdistrict, county treasurer shall keep amount sepa- 
rate, 2810; tax on property of district shall be levied by board of supervisors 
to pay judgment indebtedness, 2811; tax to pay bonds shall not exceed five 
mills upon the dollar, 2813. 

Propositions submitted, to establish county high school, 2728; notice of annual 
meeting given by secretary shall name propositions directed by the board tc 
be submitted, 2746; board may give notice in call for annual meeting that cer- 
tain propositions named will be submitted, 2749; on written request of voters, 
board must give notice that proposition will be submitted, 2749; notice of sub- 
district meeting shall name amount of schoolhouse tax to be voted for. 2751: 
for special schoolhouse tax by subdistrict, 2753; in each precinct of districts 
having 5,000 or o.ver divided into election precincts, 2755; votes for and against 
each, to be recorded by secretary, 2761; to change or displace text-books 
before expiration of contract, 2829; to vote on county uniformity, 2831; to vote 
on free text-books, 2836. 

Proposals TO build, to exceed $300, invited by advertisement, 2779. 

Publication, see Newspaper. 

Pupil, see Scholar. 

Qualification for office, of deputy superintendent public instruction, 2621; 
of secretary and treasurer normal school, 2675; of trustees county high school, 
2729; of secretary and treasurer county high school, 2729; by director. 2758; 



126 INDEX. 

by president of board, 2758; time of, for secretary and treasurer, ten days, 
•2760; by member or officer appointed, 2771; by directors of new independent 
school district, 2795. 

Qualification op sureties, see Sureties. 

Questions to be voted on, see Propositions Submitted. 

QUORUM, majority of board shall constitute, 2771. 

Rate of taxation, see Taxes. 

Receipts and expenditures, statement of, made to annual meeting, 2780; in 
city or town districts, published two weeks before annual meeting, 2781. 

Record, by superintendent public instruction, 2621; by board educational exam- 
iners, 2633; by board trustees normal school, 2680; by board trustees county 
high school, 2729; of examination of teachers, 2736; of result of voting in dis- 
tricts of 5,000 or over, divided into election precincts, 2755; of vote for officers 
of board, made by secretary, 2757; secretary keeps complete, 2761; secretary 
makes full record of votes at annual meeting, 2761; secretary prepares regis- 
ter of persons of school age, 2764; treasurer keeps account of receipts and 
expenditures, 2768; of enumeration made by director of subdistrict, 2785; daily 
register kept by teacher, 2789; proper record made on plat of district when 
territory is attached, 2791; changes in subdistrict boundaries, shall be shown 
on plat of school township, 2801; of changes in subdistrict boundaries shall be 
made by county treasurer and auditor, 2801; of persons to whom bonds are 
sold, kept by treasurer, 2812; of report of referees, 2815; transcript of, in 
appeal, certified by secretary, 2819; of costs of appeal filed with clerk of dis- 
trict court, 2821; of proceedings county board education kept in office of 
county superintendent, 2833. 

Referees, to assess damages when site is condemned, 2815; oath of, 2815; shall 
report in writing, 2815; report of, filed and preserved in office of county super- 
intendent, 2815; either party may appeal from assessment by, 2815; cost of 
assessment by, paid by school district, 2815. 

Register, of voters in districts of 5,000 or over, divided into election precincts, 
furnished and revised, 2755; by secretary, of persons of school age, 2764: 
teacher must keep, 2789; files copy with secretary, 2789; of bonds in office of 
county auditor, 2812; of persons to whom bonds are sold, 2812. 

Registration of voters, see Register. 

Reports, from county superintendents preserved, 2621; from superintendent pub- 
lic instruction, 2625; of enumeration by superintendent public instruction to 
auditor of state, 2625; from board educational, examiners, 2633; from board 
trustees normal school, 2680; from board trustees county high school, 2731: 
from county superintendent annually, 2739; of blind, deaf and di.mb. and fee- 
ble minded, by county superintendent, 2739; copies of, preserved by secretary. 
2761; secretary to make annually, 2765; name and postoffice of officers reported 
to county superintendent and treasurer, 2766; treasurer to make annually, 
2769; director of subdistrict to make to secretary, 2785; teacher shall file with 
county superintendent such reports as he may require, 2789; of interest on 
permanent school fund, 2809. 

Residence, of students in normal school, 2676: of students in county high school, 
2733; of voter at school meeting, 2747; of officer or member of board, 2748; of 
person between 5 and 21 entitles him to school privileges, 2773; scholars from 
another district may attend, 2803; scholars not having residence in district, 
may be admitted, 2804; schoolhouse may not be located by condemnation nearer 
than forty rods of, if owner objects, 2814. 

Reversion, of schoolhouse site to owner, 2816. 

Revocation, of teacher's certificate, 2731. 

Right to vote, see Voters. 

Roads, see Highways. 



INDKX. 12? 

rlOOM, provided for examination at county seat, 2735; may be runted and teachei 
employed for ten or more children, 2774; kindergarten, may be established in 
independent school districts, 2777; $25 annually of contingent fund may be 
used for each, to purchase library books and apparatus, 2783; tuition and con- 
tingent expenses based upon room in which child attends, 2803. 

Rules and regulations, board trustees normal school shall make, 2676; prin- 
cipal county high school shall make, 2732; board directors shall make for it^ 
own government, 2772; for officers and others, 2772; for care of schoolhouse and 
other property, 2772; board shall aid teachers in enforcing, 2782: board may 
expel scholar for violation of, 2782; for government of director of subdistricti 
2785; for sale of books and supplies, 2824; of county board of education, 2832: 
to govern use of free text-books, 2837. 

RURAL INDEPENDENT SCHOOL DISTRICT, corporate name, 2744; annual meeting. 
2746; number of directors, 2754; polls open at 1 P. M. and remain open not less 
than two hours, 2754; no teacher or other employe eligible as secretary, 2757: 
change G f boundaries in same civil township, 2793; formation of, 2797; subdi- 
vision of, 2798; uniting of, 2799; erection into a school township, 2800. 

S ilaries, see Compensation. 

Sale OP property, may be directed by voters, 2749: when house is destroyed. 
2750. 

Scholar, register of all of school age kept by secretary, 2764; report of number 
enrolled and average attendance, 2765; report for deaf and dumb, blind, and 
feeble minded, 2765; board shall make rules for government of, 2772; school- 
house located for convenience of, 2773; board determines particular school 
each shall attend, 2773; must attend school designated by board, 2773; an 
actual resident shall be allowed to attend free of tuition, 2773; additional 
school may be provided for any ten or more, 2774: instruction of, may be pro- 
vided for in another district, 2774; board may pay ti*ansportation of, 2774; 
must receive instruction in effects of stimulants, 2775; board may expel, 2782: 
teacher may dismiss, 2782; may be readmitted, 2782; books may be loaned to, 
2783; indigent, may be supplied with school books, 2783, enumeration of, by 
director of subdistrict, 2785; shall be required to explain kind and plan of 
articles exhibited at industrial exposition, 2786; teacher's register of, must 
be kept, 2789; may attend in another district, 2803; school age of, 2804; non- 
resident may attend, 2804; shall not be required to read bible, 2805; apportion- 
ment based on. number of, 2808; text-books loaned to, 2837; responsible for 
damage to books, 2837; shall be allowed to purchase books at cost, 2837. 

School, may be visited by county superintendent, 2735: must be visited, when 
requested by board, 2735; voters may instruct that added branches shall be 
taught in, 2749; secretary notifies county superintendent when each begins, 
2765; secretary reports to county superintendent for each, 2765; board pre- 
scribes course of study for, 2772; board determines number of, 2773; deter- 
mines particular school each child shall attend, 2773; designates period each 
shall be held, 2773; shall be free of tuition to all residents, 2773: shall con- 
tinue at least twenty-four weeks in each school year, 2773; county superin- 
tendent may excuse board from maintaining, 2773; shall not be in session 
during teachers' institute except by permission, 2773; extra school for ten or 
more children, 2774; board may secure advantages of attendance in another 
district, 2774; board may pay transportation of children to and from, 2774; 
effects of stimulants must be taught in, 2775; graded or union may be estab- 
lished, 2776; person to have general supervision of, may be selected, 2776; 
kindergarten department may be established in any independent school dis- 
trict, 2777; board shall provide for visiting, 2782; scholar expelled from, 2782: 
scholar dismissed by teacher, 2782; library books and apparatus for each, 2783; 
board shall provide water-closets for, 2784; director of subdistrict cares for 



128 INDEX. 

schools, 2785; industrial exposition in, 2786; teacher of, must hold valid cre- 
dential, 2788; teacher keeps register of, 2789: tiles register of, 2789; attend- 
ance in another district, 2803; age for attendance, 2804; attendance of non- 
residents, 2804; bible not excluded from, 2805; taxes for support of, 2806; 
county tax for, 2807; semi-annual apportionment for, 2808; in cities or towns, 
exempted from county uniformity, 2835; free text-books for, 2837. 

School board, see Board of Directors. 

School bonds, see Bonds. 

School books, see Text-books. 

SCHOOL DIRECTORS, see Board of Directors. 

SCHOOL district, each existing continues, 2743; may sue and be sued, 2743; has 
exclusive jurisdiction over territory in, 2743; every, a body corporate, 2743; 
name of, 2744; board of, 2745; annual meeting of, 2746; right to vote in, 2747; 
qualifications for officer of, 2748; powers of voters, 2749; special meeting of 
voters, 2750; meetings of directors, 2757; election of officers, 2757; qualifica- 
tion of directors, 2758; vacancies in office filled by appointment, 2758; duties of 
president, 2759; suit to be brought in name of, 2759; bonds of secretary and 
treasurer, 2760; duties of secretary, 2701-2767; duties of treasurer, 2768-2769; 
quorum of board, 2771; vacancies in officers or members filled by ballot, 2771; 
schoolhouse site for, 2773; division of, for school purposes, 2773; may maintain 
higher schools, 2776; all contracts in, made by board, 2778; compensation of 
secretary and treasurer, 2780; claims against, audited by board, 2780; may 
have territory -attached, 2791; territory restored, 2792; when boundaries are 
changed, boards continue to act, 2802; assets and liabilities divided, 2802; 
arbitrators may be appointed, 2802; either party may appeal to district court, 
2802; attendance from another district, 2803; taxes for school purposes esti- 
mated, 2806; levy of taxes, 2807; apportionment to, by county auditor, 2808; 
taxes paid to, 2810; judgment paid by, 2811; tax to pay bonds or interest due, 
2813; may take schoolhouse site by condemnation, 2814; may not use barbed 
wire, 2817; provisions of law apply alike to every, unless otherwise stated, 
2823; may adopt text-books if county uniformity is not in force, 2824; may pro- 
vide free text-books, 2836; may discontinue loaning text-books, 2837. 

School elections, see Election. 

School grounds, see Schoolhouse Site. 

Schoolhouse, voters may sell or otherwise dispose of, 2749; voters may direct 
use of, 2749; voters may provide roads to, 2749; voters may direc„ that, shall 
be used for meetings of public interest. 2749; voters at annual meeting may 
vote tax to build, 2749; voters of district vote tax to build, at special meeting, 
2750; voters of subdistrict vote tax to build, 2753; notice of district meetings 
shall be posted at the door of each, 2763; board has care of. 2772; site fixed by 
board, 2773; site fenced by board, 2773; plans for, must be approved by county 
superintendent, 2779; when built or repaired to extent of over $300, must be 
by advertisement, 2779; may be insured, 2783: water-closets for, must be pro- 
vided, 2784; board may authorize director of subdistrict to look after, 2785; 
may not be inclosed with barbed wire. 2817: location of, when site is con- 
demned, 2814. 

Schoolhouse fund, see Funds. 

SCHOOLHOUSE site, fixed by board, 2773; fenced by board, 2773; shade trees on, 
2787; in incorporated town, may include an entire block, 2814; taken by con- 
demnation must be on public highway, 2814-2815; reversion to owner, 2816: 
may not be fenced with barbed wire, 2817. 

School laws, publication of, 2624; in cloth, how distributed, 2624; in paper cov- 
ers, how distributed, 2624; to be delivered to successor, 2624; amendments to, 
published, 2624; amendments to, distributed, 2624; volume of, surrendered to 
successor, 2770. 



INDEX. 129 

School month, is of four school weeks of five days each, 2778. 

School officer, see title of officer. 

School orders, see Orders. 

School taxes, see Taxes. 

School teachers, see Teachers. 

School township, corporate name, 2744; board of, 2745; annual meeting, 2746; 
number of directors, 2752; polls must open at 1 p. M. and remain open not lese 
than two hours, 2754; duties of director in subdistrict of, 2785; newly formed, 
2790; formed from rural independent school districts, 2800; divided into sub- 
districts, 2801; apportionment of schoolhouse tax among subdistricts of, 2806. 

School warrants, see Orders. 

School week, is of five school days, 2773; compensation of teacher may be agreed 
to for, 2778. 

School year, see Year. 

Secretary, board trustees normal school elected, 2675; compensation of, 2681; of 
board trustees county high school, 2729; of subdistrict meeting, 2751; of county 
board of education, 2833. 

Secretary, acts as judge of annual election, 2746; if no subdirector, gives 
notice of subdistrict meeting, 2751; certifies special schoolhouse tax, 2753; 
chosen outside of board, 2757; elected by ballot, 2757; records vote, 2757; 
in independent districts no teacher or other employe of board eligible as, 
2757; appears in suits when president is a party, 2759; gives bond, 2760; takes 
oath, 2760; qualifies within ten days, 2760; files copies of reports and papers, 
2761; keeps a complete record, 2761; keeps a separate account of each fund, 
2761; keeps an accurate account of all expenses, 2761; presents account of 
expenses to board to be audited, 2761; keeps record of votes at annual meet- 
ing, 2761; countersigns warrants and drafts, 2762; draws orders, 2762; keeps 
register of orders, 2762; furnishes board copy register of orders, 2762; gives 
notice of all meetings, 2763; prepares register persons of school age, 2764; 
reports each school to county superintendent, 2765; files report annually with 
county superintendent, 2765; reports name and postoffice of officers, 2766; cer- 
tifies taxes, 2767; vacancy in office of, filled by board, 2771; temporary, 
appointed, 2772; files contract of teacher, 2778; compensation of, fixed by board, 
2780; records list of enumeration made by director of subdistrict, 2785; records 
order attaching territory, 2791; gives notice of election to unite rural inde- 
pendent school districts into a school township, 2800; delivers copy of descrip- 
tion of subdistricts to county treasurer and auditor, 2801: countersigns bonds, 
2812; files transcript of record in appeal, 2819. 

Semi-annual apportionment, number persons for, reported to auditor of state, 
2625; number persons for, filed with county auditor, 2739; taken into account 
in estimating teachers' fund, 2806; made by county auditor, 2808. 

Sex, see Women. 

Shade trees, see Trees. 

Sites, see Schoolhouse Site. 

Special meeting, of any district when schoolhouse is destroyed, 2750; of subdis- 
trict, 2753; of board, 2757; notice of, 2757; may be called by president, 2757; 
may be called by written request of a majority of the board, 2757; form of 
notice for, 2763; to organize new township, 2790; to form independent school 
district, 2794; to organize rural independent school districts, 2797; to subdi- 
vide independent district, 2798; to unite independent districts, 2799; to unite 
rural independent school districts into a school township, 2800; of board to 
change subdistrict boundaries, 2801; to estimate school taxes, 2806: to vote 
bonds, 2812. 

State auditor, see Auditor of State. 

State certificate, see Certificate and Diploma. 



130 INDEX. 

Statement, of time engaged in performance of duties, made by county superin- 
tendent, 2742; rendered by treasurer to board at any time, 2769; of receipts and 
expenditures, made to annual meeting, 2780; in independent school districts, 
published in newspaper, 2781. 
State treasurer, see Treasurer of State. 
Stationery, for use of county superintendent, 2742. 
Statistics, see Reports. 
Stimulants, see Alcoholic Drinks. 
Studies, see Course of Study. 

Subdistrtct, a subdivision of a school township, 2744; director for, elected for 
one year, 2745; right to vote in, 2747 qualifications for director of, 2748; annual 
meeting of, 2751; notice of amount of schoolhouse tax to be voted in, 2751; 
notice of annual meeting in, 2751; powers of annual meeting, 2751; meeting 
.shall not organize earlier than 9 a. m., nor adjourn before 12 M., 2751; embrac- 
ing entire school township, 2752; special meeting of, to vote schoolhouse tax, 
2753; vote of schoolhouse tax in, certified to secretary of school township, 2753; 
schoolhouse tax voted by, levied on subdistrict, 2753; director of, may be 
instructed to make certain contracts, 2785; director of, shall prepare list 
children of school age, 2785; director of, shall report list to secretary, 2785; 
director of, may hold industrial exposition, 2786; may be formed from rural 
independent school districts, 2800; may be created, 2801; boundaries of, 
changed by vote of majority of board, 2801; boundaries of, conform to con- 
gressional lines, 2801; plat of, to be made, 2801; description of, to be recorded 
in records of school township, 2801; copy of description delivered to county 
treasurer and auditor, 2801; changes in boundaries of, take effect first Monday 
in March, 2801. 
Subdistrict meeting, held annually, 2751; officers of, 2751; special, to vote 

schoolhouse tax, 2753. 
Subpoenas, for witnesses, may be issued by county superintendent, 2821. 
Successor in office, all matters turned over to, by superintendent public 
instruction, 2621; volume of school laws to be turned over to, 2624; appointed 
member board educational examiners not to succeed himself, 2628; director 
holds until successor is elected and qualified, 2758. 
Suffrage, who has right of, 2747. 

Suit, to recover penalty from county superintendent, 2741; any district may sue 
and be sued, 2743; president appears for district in, 2759; if president is a 
party in, secretary appears for district, 2759; board may employ counsel in, 
2759; brought against secretary or treasurer in case of breach of bond, 2760: 
for wilful failure or refusal to perform duty, 2822; brought in name of county, 
2822; on bond of publisher of text-books, 2827; against school officer acting as 
agent for text-books or supplies, 2834. 
Superintendent public instruction, shall have office in capitol, 2621; may 
appoint deputy, 2621; files papers, reports, and documents, 2622; keeps record 
of things done, 2622; turns office over to successor, 2622; is charged with gen- 
eral supervision of all county superintendents and the common schools, 2622; 
may meet county superintendents in convention, 2622; shall appoint teachers' 
institutes, 2622; shall attend teachers' institutes, 2622; shall render opinions 
on the school law, 2623; shall determine cases on appeal from county superin- 
tendents, 2623; shall have school laws printed and distributed, 2624; shall have 
amendments distributed, 2624; may subscribe for educational school paper, 
2624; may furnish copy of paper to county superintendents, 2624; shall report 
to auditor of state number persons of school age, 2625; shall report biennially 
to the governor, 2625; shall receive and transmit $50 for each institute, 2626; 
salary of, 2627; traveling expenses of, 2027; is president board educational 
examiners, 2628; is president board trustees normal school, 2675; receives 



INDEX. 131 

reports from county superintendents, 2739; approves courseof study for graded 
or union schools, 2776; receives certificate of qualification of county superin- 
tendent, 2809; hears appeal from county superintendent, 2820; shall not render 
a judgment for money, 2820; receives report from county superintendent oi 
list of text-books adopted, 2833. 

SUPERVISION, by superintendent public instruction, 2022; by county superintend- 
ent, 2735; by board of directors, 2772; by person selected by board, 2776. 

Sureties, of treasurer normal school, 2075; of trustees county high school, 2729: 
of treasurer county high school, 2729; of secretary and treasurer of board, 
2760; of contractor to build, 2779; of person to keep books and supplies for sale 
for district, 2824; of contractor to furnish books and supplies, 2830: bonds of 
surety companies accepted, 2830. 

Surety companies, bonds of, shall be accepted on bond of contractor to furnish 
text-books, 2830. 

Suspension, see Expulsion of Scholar. 

Taxes, estimated by board trustees county high school, 2730; women may vote 
upon question of, 2747; voters may vote schoolhouse, at annual meeting, 2749; 
board may give notice that proposition to vote, will be submitted, 2749; board 
shall give notice that proposition to vote, will be submitted, 2749; may be 
voted to replace schoolhouse destroyed, 2750; notice given by director of sub- 
district that schoolhouse, will be voted, 2751; voted at special meeting of sub- 
district, 2753; shall not exceed in all fifteen mills on the dollar, 2753; certified 
by secretary of subdistrict meeting, to secretary of school township, 2753; 
levied by board of supervisors upon property of subdistrict only, when, 2753; 
president signs drafts for taxes collected, 2759; secretary certifies to board of 
supervisors amount fixed for contingent and teachers' fund, 2767; secretary 
certifies schoolhouse tax voted at regular or special meeting, 2767; secretary 
certifies provision made for payment of principal or interest of bonds due, 
2767; collected for building schoolhouses, called schoolhouse fund, 2768; col- 
lected for expenses necessary to keep the schools in operation, the contingent 
fund, 2768; collected for the payment of teachers, the teachers' fund, 2768; 
board estimates and publishes amounts necessary to maintain schools, 2781; to 
purchase free text-books provided by board, 2783; void for school township 
when independent school district is created, 2796; when independent school 
district is formed, board estimates and certifies all necessary taxes, and board 
of supervisors levies same, 2798; for teachers' and contingent funds, deter- 
mined by board by third Monday in May, 2806; limit of, for contingent fund, 
2806; for uniformity of text-books, 2806; limit of, for teachers' fund, 2806; on 
territory in adjoining counties, may be estimated in mills, 2806; for school- 
house fund, apportioned among subdistricts, 2806; levy by board of supervis- 
ors, 2807; levy of schoolhouse tax voted at special meeting, 2807; levy of one 
to three mills county tax, 2807; apportioned by county auditor, 2808; presi- 
dent to be notified of tax collected, 2S08; president issues warrant in favor of 
district treasurer, 2808; county treasurer gives notice of amount collected, 
2810; county treasurer pays to district treasurers quarterly, 2810; county 
treasurer keeps separate tax levied directly upon a subdistrict, 2810; voters 
vote tax to pay judgment, 2811; if voters do not vote tax to pay judgment, 
board certifies amount required to board of supervisors, who shall levy tax, 
2811; board fixes amount necessary to pay principal or interest, if needed. 
2813; board certifies to board of supervisors not to exceed $1.50 annually for 
each person of school age. on contingent fund, for text-books and supplies to 
be resold, 2825. 

Teachers, number in the state reported, 2625; state certificates and diplomas to. 
2629: state certificate to primary teachers, 2630; shall have state certificate or 
diploma registered with county superintendent, 2632: may attend normal 



132 INDEX. 

school, 2676; in normal school reported, 2680; in county high school reported, 
2731; receive blanks and circulars through county superintendents, 2735; 
county examination of, last Friday and Saturday in each month, 2735; exami- 
nation of, to be public, 2735; special examination of, 2735; examination in the 
usual subjects, 2736; examination in special studies, 2736; shall not be employed 
to teach any study not included in certificate, 2736; usual certificate not to 
exceed term of one year, 2737; certificate for two years, 2737; certificate may 
be revoked after an investigation, 2737; when certificate shall be revoked, 
2737; normal institute held for, annually, 2738; fee for registration at institute, 
2738; fee of applicant for examination, 2738; number employed reported by 
secretary, 2765; money received for payment of, the teachers' fund, 2768; rules 
and regulations for government of, made by board, 2772; must give instruction 
in effects of alcoholic stimulants, 2775; in kindergartens must hold kindergar- 
ten certificate from county superintendent, 2777; elected by board in all cases, 
2778; contracts with, what they must contain, 2778; contracts with, signed by 
president and teacher, 2778; contracts with, filed with secretary, 2778: aided 
in government of school by board, 2782; may by majority vote of board be dis- 
charged, 2782; before being discharged shall have fair trial, 2782; may tem- 
porarily dismiss a scholar, if empowered by board, 2782; may readmit a scholar, 
if dismissed by teacher, 2782; may not be employed unless having a valid cer- 
tificate of qualification, 2788; may not be paid from school funds for teaching 
without a certificate, 2788; shall keep daily register, 2789; shall keep separate 
register for nonresident scholars, 2789; shall file copy of register with secre- 
tary, 2789; shall file reports with county superintendent, 2789; may not act as 
agent or dealer in text-books or supplies, 2834. 

Teacher's contract, see Contracts. 

Teachers' normal institutes, appointed, 2622: must remain in session at least 
six days, 2622; superintendent public instruction shall attend, 2622; aided by 
state appropriation of $50 annually, 2626; county superintendent shall hold 
annually, 2738; registration fee from each person attending, 2738; institute 
fund, 2738; board of supervisors may appropriate additional sum for, 2738; dis- 
bursement of fund shall be only for services rendered or expenses incurred, 
2738 

Term of office, member board educational examiners appointed for four years, 
2628; of member board trustees county high school, 2729; of member board of 
directors. 2745; of treasurer in independent school districts, 2754; of president 
of board, 2757; of secretary and treasurer, 2757; of member board of directors 
appointed, 2758; director shall hold office for the term to which he is elected, 
2758; and until his successor is elected and qualified, 2758; at end of, books 
shall be surrendered to successor, 2770; when independent school district is 
organized, 2795. 

Territory, each district has exclusive jurisdiction over all, therein contained, 
2743; contained in ward or other division of district for school purposes, 2773; 
of new civil township constitutes a school township, 2790; may be attached to 
adjoining district, if natural obstacles intervene, 2791; restored to district 
to which it geographically belongs, 2792; change of boundary lines between 
independent districts in same civil township, 2793; contiguous, may be included 
in independent school district at formation, 2794; taxes void upon part of, 
included in independent school district, 2796; may be detached from inde- 
pendent districts to form new independent district, 2798; in every case of 
transfer of, division of assets and liabilities must be made, 2802; school tax on, 
in independent district where nonresident child attends, shall be deducted 
from tuition, 2804. 

Testimony, taken in trial of an appeal, 2819; witnesses may be subpoenaed to 
give, in trial of an appeal, 2821. 



INDEX. 133 

Text-books, used by county high school reported, 2731; used in district reported, 
2765; furnished to indigent children, 2783; purchased and loaned with contin- 
gent fund, 2783: board of directors certifies sum authorized under districl 
uniformity, 2806; board of directors in county not having uniformity maj 
adopt, 2824; may contract for and buy, 2824; books and supplies to be undei 
charge of board, 2824; board may select persons within the county to keet 
books and supplies for sale, 2824; bond shall be required of person keeping 
books and supplies for sale, 2824; paid for out of the contingent fund, 2825: 
am )imt certified annually to secure, not to exceed $1.50 for each person o1 
school age in the district, 2825; no debt shall be contracted to purchase, 2825: 
in purchasing, books in use must be taken into consideration, 2826; board may 
arrange for exchange of, 2826; must be furnished at very lowest price, 2827: 
before purchasing, notice for bids must be given, 2828; before accepting bid. 
competent persons may be consulted, 2828; change in, not to be made withiD 
live years, unless by vote of electors, 2829; samples of, filed in office of countj 
superintendent, 2830; samples kept for public inspection, 2830; bond taken 
from contractor, 2830; bonds of surety companies to be accepted, 2830; petitions 
for county uniformity of, 2831; if county uniformity carries, county board oi 
education contracts for, 2832; depositories for sale of, arranged for, 2832; list 
of, reported by county superintendent to state superintendent, 2833: school 
officers not to be agents for, 2834; cities and towns exempted from county uni- 
formity, 2S35; cities and towns may buy same books if electors so decide, 2835; 
question of free text-books submitted, 2836; if voted, board shall procure 
books to be loaned, 2837; board shall adopt rules and regulations for preser- 
vation of, 2837; any scholar allowed to purchase at cost, 2837; no free text- 
books supplied until needed, 2837; loaning of, may be discontinued, 2837. 

T{E vote, how determined, 2754. 

Time, of holding teachers' normal institute fixed by superintendent public 
instruction, 2622; that annual meeting will be in session must be stated in 
notice, 2746; that subdistrict meeting will be held shall be stated in notice, 
2751; that polls must remain open, in different districts, 2754; that special 
meeting of board shall be held must be given in notice, 2757; secretary and 
treasurer shall qualify within ten days, 2760: of meeting, stated in notice, 2763; 
teacher must be given reasonable time to make defense against charges. 2782; 
appeal must be taken within thirty days, 2818; secretary must send transcript 
within ten days, 2819; county superintendent notifies persons when appeal 
will be heard. 2819; thirty days' notice of hearing appeal given by superin- 
tendent public instruction, 2820. 

Town, may become basis of independent school district, 2794. 

Township, see Civil Township, and School Township. 

Transcript, secretary shall be notified by county superintendent to furnish, 
2819: secretary shall certify transcript to be correct, 2819; after transcript is 
filed, county superintendent shall notify in writing where appeal will be heard, 
2819; of costs in appeal filed in office of clerk of court, 2821. 

Transfer, a surplus in the schoolhouse fund may be transferred to teachers' or 
contingent fund by annual meeting, 2749; of territory to adjoining district, 
2791; restoration of territory to district in which it geographically belongs, 
2792; by change of boundaries between independent districts in same civil 
township, 2793; assets and liabilities must be divided in case of, 2802. 

Transportation of children, board may arrange for, 2774. 

Treasurer, of normal school, 2675; of county high school, 2729. 

Treasurer, in certain districts, chosen by the electors, 2754; chosen outside the 
board, 2757; elected by ballot, 2757; gives bond, 2760; takes oath of office, 2760; 
has ten days in which to qualify, 2760; receives all moneys, 2768; pays out 
moneys. 2768; keeps account of receipts and expenditures. 2768: registers all 



134 INDEX. 

orders, 2768; keeps separate account with each fund, 2768; makes partial pay- 
ments, 2768; indorses unpaid orders, 2768; renders statement of finances, 
2769; makes annual report to board, 2769; files copy of report with county 
superintendent, 2769; vacancy in office of, filled by board, 2771; compensation 
fixed by board, 2780; draws money from county treasury, 2808; receives taxes 
quarterly, 2810; receives bonds and is charged with them, 2812; sells bonds 
and applies proceeds, 2812; keeps record of persons to whom bonds are sold, 
2812. 

Treasurer of state, board of educational examiners pays fees to, 2631. 

TREES, number in thrifty condition to be reported, 27G5; board shall have twelve 
or more growing on each schoolhouse site, 2787; for failure or neglect to pro- 
tect, county superintendent shall call attention of board, 2787; ground included 
in orchard, may not be taken for schoolhouse site by condemnation, 2814. 

Trial, before state certificate or diploma may be revoked, 2631; before certificate 
of teacher may be revoked by county superintendent, 2737; before teacher 
may be discharged by board, 2782; of appeal to county superintendent, 2819; 
of appeal to superintendent of public instruction, 2820. 

Trustees, see Board of Trustees. 

Tuition, in normal school, 2676; in county high school, 2733; average cost per 
month for each scholar, reported by secretary, 2765; every school free of, to 
actual residents, 2773: may be paid by board in another district, 2774: boards 
may agree upon, 2803; when child attends by consent of board and county 
superintendent, 2803; for nonresident children, fixed by board, 2804; school 
tax paid by parent whose nonresident child attends, may be deducted from, 
in independent district, 2804. 

Uniformity of text-books, see Text-books. 

Union schools, see Graded Schools. 

Unknown owner, see Owner. 

Vacancy in office, of trustee county high school, how filled, 2729; in board of 
directors, filled by appointment, 2758; of officer or member of board, filled by 
ballot, 2771. 

Village, may become basis for independent school district, 2794. 

Visitation of schools, by county superintendent at his discretion, 2735; by 
county superintendent upon request of a majority of the board, 2735; provided 
for by board, 2782. 

Voters, of district hold annual meeting, 2746; who may vote, 2747; powers of, at 
annual meeting, 2749; powers of, at special meeting of district, 2750; of subdis- 
trict, hold annual meeting, 2751: special meeting of subdistrict, to vote school- 
house tax, 2753; register of, in districts of 5,000 or over, divided into election 
precincts, 2755; petition for formation of independent school district, 2794; 
vote on formation of independent school district, 2794; vote on forming inde- 
pendent districts from subdistricts, 2797; vote on subdividing independent 
district, 2798; vote on uniting independent districts, 2799; vote on uniting 
rural independent school districts into a school township, 2800; vote tax to 
pay judgment indebtedness, 2811; vote on issue of bonds to pay judgment 
indebtedness, 2812; in independent school districts, vote to issue bonds for 
original indebtedness, 2812; authorize board to change or displace text-books, 
2829; vote upon county uniformity, 2832; in cities and towns, authorize board 
to adopt books used in county uniformity, 2835; authorize free text-books, 
2836; direct the loaning of textrbooks discontinued, 2837. 

Ward, school tax paid by guardian of nonresident, in an independent district, 
deducted from tuition, 2804. 

Wards, district divided into, or other divisions, for school purposes, 2773. 

Warrants, see Orders. 



INDEX. 135 

Water-closets, board shall give special attention to matter of, 2784; in inde- 
pendent school district, shall be separated by solid or continuous barrier, 
-784; approaches to outside doors of, separated by close fence, 2784; must be 
kept in wholesome condition and good repair, 2784. 

Witnesses, may be subpoenaed in appeal by county superintendent, 2821;attend- 
ance of, may be compelled, 2821; compensation of. 2821. 

Women, one member board educational examiners must be a woman, 2628; county 
superintendent may be a woman, 2734; right to vote on taxes or issuing bonds 
not denied to women, 2747; any school officer or member of board may be 
a woman, 2748; shall not be prohibited from voting at elections at which they 
are entitled to vote, 2755. 

Written contract, see Contracts. 

Year, usual certificate given for term not to exceed one year, 2737; certificate 
for two years given, 2737; for organization of board, 2757; for election of sec- 
retary and treasurer by board, 2757; for enumeration by secretary, 2764; for 
report of secretary to county superintendent, 2765; for report of treasurer to 
county superintendent, 2769; minimum, for school purposes, 2773; for school 
purposes commences third Monday in March, 2773; for financial statement to 
be published, 2781; for enumeration, by director of subdistrict, 2785; for 
organization of school township, 2790; for division of school township into 
subdistricts, 2801; for certifying of taxes regularly voted, 2806; for certifying 
and levying of schoolhouse tax voted at special meeting, 2807. 

Youth, see Enumeration, and Scholar. 



DECISIONS 



IN 



CASES, 



Compiled for the Use of School Officers. 



EDITION OF" 1897. 



HENRY S^BIN, 

Superintendent of Public Instruction. 



PREFACE. 



For this compilation, typical cases have been selected. As usual, decisions 
are given entire. Well-settled conclusions are thus repeated, the case being 
included to present some additional particular. Some cases may also contain 
references not in conformity with the new law. The index after the decisions 
will be found valuable for study and reference. 

Not all actions may be appealed from. If a money consideration is the prin- 
cipal issue, appeal will not lie. A matter involving the validity of district 
organization may be determined only in the courts. If the validity, interpreta- 
tion, or enforcement of a contract is the leading feature, a court must hear the 
case. The right to hold an office must be decided in court. Appeal may not be 
taken from an action of the voters; an application to a court is the legal remedy. 

Familiarity with the contents of this volume may frequently enable a board tc 
foresee a probable grievance, and afford it the opportunity by timely deliberatior 
and wise action to remove or lessen the possibility of an appeal. In the same 
way, persons aggrieved may first satisfy themselves whether the risks and uncer- 
tainties of an appeal seem to be overcome by the strong probability that a 
reversal of the order of the board will be secured. If an appeal is brought with- 
out good reason or if the appeal is not sustained, the county superintendent is 
required to tax the costs to the appellant. 

The result of an appeal is seldom satisfactory to all the parties. It is always 
desirable to avoid an appeal if the same conclusions can be reached by some less 
objectionable method. A careful study of the legal principles contained in the 
following decisions will supply a ready answer to many questions likely to arise, 
thus often entirely obviating the necessity for an appeal. 

Henry Sabin, 
Superintendent of Public Instruction. 

October 1, 1897. 



TABLE OF CASES. 



TABLE OF CASES. 



Arnsden v. Macedonia 71 

Arthur v. Fairway 22 

Bacon v. Liberty 18 

Badger. O'Connor v 40 

Baker v. Waukon :'>2 

Bartlett v. Spencer 28 

Belmond, Thompson v 60 

Benson et al. v. Silver Lake 66 

Boomer, Remington v 10 

Boyle, Grey v 68, 69 

Brighton, Woods v 21 

Brown v. Van Meter 19 

Burrington. Moody v 12 

Buzzard v. Liberty 23 

Cedar, Miner v 8 

Center, Folsom v 38, 46 

Center, Sheafe v 54 

Charles City, Harwood v 15 

Clarence, Tanner v 52 

< laxton v. Holmes 59 

Colburn v. Silver Lake 27 

( 'ormack v. Lincoln 26 

( 'rawford, Walker v 42 

C 'urry v. Franklin 5 

Dallas, Goff v 55 

] )avis v. Linn 44 

Davis v. Madison 11 

Deck v Eden 37 

Des Moines, Handersheldt v 29 

Donald v. South Fork 24 

Donelon v. Kniest 49 

Eagle, Reed v 53 

Eden, Deck v 37 

Eden, Kelley and Smith v 48 

Eldon, Taylor v 13 

Empire, Watkins v 46 

Erin. Meleney v 41 

Exira, Watson v 14 



Fairway, Arthur v 22 

Fallon v. Fort Dodge 67 

Fieldberg, Severied et al. v 61 

Folsom v. Center 38, 46 

Forsythe v. Kirkville 57 

Fort Dodge, Fallon v 67 

Franklin, Curry v 5 

Fremont, Hook v 9 

Glenwood, Rogness v 68 

Goff v. Dallas 55 

Gosting v. Lincoln 18 

Grant, Odendahl v 80 

Gregory v. McCord 70 

Grey v. Boyle 68, 69 

Grove, McKee v 72 

Handersheldt v. Des Moines 29 

Hartford, Ingraham v 63 

Harwood v. Charles City 15 

Heath v. Iowa 74 

Heffern et al. v. Tipton 51 

Helms v. Madrid 78 

Himelick v. Pleasant 65 

Hodge v. Young 44 

Holmes, Claxton v 59 

Hook v. Fremont 9 

Hosington v. Union 34 

Hoskins v. Lincoln 50 

Hubbard v. Lime Creek 17 

Ingraham v. Hartford 03 

Iowa, Heath v 74 

Jackson v. Steamboat Rock 79 

Jacoby v. Nodaway 25 

Jasper, Thompson v 20 

Johnston v. Utica 35, 36 

Kelley and Smith v. Eden 48 

Kenworthy v. Oskaloosa 64 

Keystone, Tornpkins v 33 

Kirkville, Forsvthe v 57 



TABLE OF CASES. 



Klein v. Oskaloosa 75 

Kniest, Donelon v 49 

Lester, Sipple v 6 

Liberty, Bacon v 18 

Liberty, Buzzard v 23 

Lime Creek, Hubbard v 17 

Lincoln, Cormack v 26 

Lincoln, Gosting v 18 

Lincoln, Hoskins v 50 

Lincoln, Maxwell v 47 

Linn, Davis v 44 

Lodomillo, Rankin v 27 

Macedonia, Amsden v 71 

Madison, Davis v 11 

Madrid, Helms v 78 

Marshall v. Marshall 32 

Maxwell v. Lincoln 47 

McCord, Gregory v 70 

McKee v. Grove 72 

McMillan v. Waveland 73 

Meleney v , Erin 41 

Miner v. Cedar 8 

Monroe, Wilson v , 23 

Moody v. Burrington. . 12 

Nodaway, Jacoby v 25 

No. Seven, Webster v 56 

O'Connor v. Badger 40 

Odendahl v. Grant 80 

Oskaloosa, Ken worthy v 64 

Oskaloosa, Klein v 75 

Park v. Pleasant Grove 30 

Peck v. Polk 10 

Pleasant, Himelick v 65 

Pleasant Grove, Park v 30 

Polk, Peck v 10 

Randall v. Vienna 13 



Rankin v. Lodomillo 27 

Reed v. Eagle 53 

Remington v. Boomer 10 

Rogness v. Glenwood 68 

Scheppele v. Stone Hill 58 

Severied et al. v. Pieldberg 61 

Sheaf e v. Center 54 

Silver Lake, Benson et al. v 66 

Silver Lake, Colburn v 27 

Sipple v. Lester 6 

South Fork, Donald v 24 

Spencer, Bartlett v 28 

Steamboat Rock, Jackson v 79 

Stone Hill, Scheppele v 58 

Tanner v. Clarence 52 

Taylor v. Eldon 13 

Thompson v. Belmond 60 

Thompson v. Jasper 20 

Tipton, Heffern et al. v 51 

Tomkins v. Keystone 33 

Union, Hosington v 34 

Utica, Johnston v 35, 36 

Van Meter, Brown v 19 

Vienna, Randall v 13 

Walker v. Crawford 42 

Watkins v. Empire 46 

Watson v. Exira 14 

Waukon, Baker v 32 

Waveland, McMillan v 73 

Webster v. No. Seven 56 

Weldon, Winget v : 73 

Wilson v Monroe 23 

Winget v. Weldon 73 

Woods v. Brighton 21 

Young, Hodge v 44 



SCHOOL LAW DECISIONS. 



S. L. Curry v. District Township of Franklin. 

Appeal from Decatur County. 

County Superintendent. Has no jurisdiction of an appeal until an affidavit 

is filed in his office. The appeal must be taken by affidavit. 

Affidavit. An affidavit is a statement in writing of the errors complained of, 

signed and made upon oath before an authorized magistrate. 

Jurisdiction. An application for an appeal filed within thirty days from the act 

complained of will not give the county superintendent jurisdiction of the case. 

Notice. The county superintendent should not issue notice of final hearing 

until the transcript of the district secretary has been filed. 

Testimony. Unless obviously immaterial, testimony offered should be admitted 

and given such weight as it merits. 

Discretionary Acts. Should not be disturbed except upon evidence of unjust 

exercise of discretion. 

December 16, 1867, at a special meeting of the board, a vote to change the 
boundaries of subdistricts so as to form a new subdistrict in accordance with the 
prayer of petitioners, resulted in a tie. From this virtual refusal to act, S. L. 
Curry appealed to the county superintendent, who on the 31st of the same month 
formed a new subdistrict. Appellant alleges in his affidavit that the county 
superintendent assumed jurisdiction of this case without warrant of law, that 
there never was "at any time an affidavit or any other statement in said appeal 
case filed in the office" of the superintendent, hence the want of jurisdiction. 

The "act to provide for appeals," section two, provides that "The basis of pro- 
ceeding shall be an affidavit, filed by the party aggrieved, with the county super- 
intendent, within the time allowed for taking the appeal." An affidavit is a 
statement in writing, signed and made upon oath before an authorized magis- 
trate. A county superintendent can have no proper jurisdiction of an appeal case 
until such affidavit has been filed. A notice of intention to file an affidavit, a 
verbal complaint, or a petition, is not sufficient to give the county superintendent 
jurisdiction in appeal cases. The affidavit setting forth "the errors complained 
of in a plain and concise manner," must be in his hands before he is justified in 
commencing proceedings. The decision of the superintendent recites that the 
affidavit was filed December 21, which might be taken as conclusive, if it was not 
contradicted by the record. The transcrij)t shows that said affidavit was not sub- 
scribed and sworn to until December 28, hence we do not clearly see how it could 
have been filed on the 21st. 

December 24, four days before the affidavit was made, and which appellant 
alleges was never filed with the superintendent, said superintendent gave notice 
to the parties that the hearing would take place on the 30th. This proceeding, 
as an appeal case, was entirely unauthorized by law, and as he commenced pro- 
ceedings in disregard of the plain provisions of law and without legal jurisdic- 
tion, his decision is annulled. It may be said, and not without authority, that as 
both parties responded to the notice, and came before the superintendent, that he 
thereby acquired jurisdiction, but we feel unwilling to sanction disregard of law 
by approving such great irregularities. 



6 SCHOOL LAW DECISIONS. 

Without touching the real merits of the question at issue, the formation of a 
new subdistrict, which we are willing to leave to the local authorities, we refer 
briefly to three points of law raised by appellants. 

The county superintendent should not issue notice of final hearing until both 
the affidavit and the transcript of the secretary have been filed in his office. 

Though the change of subdistrict boundaries by the board is a discretionary 
act, it may be reviewed by the county superintendent, on appeal, but the decision 
of the board should not be disturbed unless said discretionary power has been 
abused or exercised unjustly. 

The county superintendent should have received the remonstrances offered 
on trial in evidence, and exercised his judgment as to their weight and value. 

Reversed. 
D. FRANKLIN WELLS, 

March 26, 1868. Superintendent of Public Instruction. 



Elias Slpple v. District Township of Lester. 

Appeal from Black Hawk County. 

Testimony. At the hearing of an appeal, it is competent for the county superin- 
tendent, upon his own motion, to call additional witnesses to give testimony. 
Records. In the absence of the allegation of fraud, testimony to contradict or 
impeach the records of the district cannot be received. 

Records. The board may at any time amend the record of the district, when 
necessary to correct mistakes or supply omissions. And it may upon proper 
showing be compelled by mandamus to make such corrections. 
Affidavit. The affidavit answers its leading purpose if it sets forth the errors 
complained of with such clearness that the proper transcript may be secured. 

At the regular meeting of the board held September 16, 1867, attended by four 
of the seven members, motions were made and seconded for the creation of two 
new subdistricts whose boundaries were described in the motions. In regard to 
the action on these motions the record of the secretary contains merely the word 
"carried." At a special meeting held February 15, 1868, the action of the board 
in September in relation to the formation of new subdistricts was "reconsidered" 
and "rescinded." From the February action Elias Sipple appealed to the county 
superintendent. During the progress of the hearing, which took place March 
20, 1868, the county superintendent called upon one of the four members that 
attended the September meeting, who testified that he did not vote for the motion 
to create a new subdistrict. As it thus appeared that the new subdistricts were 
not established by a vote of a majority of all the members of the board, as 
required by law, and as said September action was rescinded at a full meeting of 
the board in February, the county superintendent, considering the formation of 
the subdistricts illegal and void, dismissed the appeal. From this decision 
Barney Wheeler appeals. 

Appellant alleges substantially that the county superintendent erred as fol- 
lows: In himself calling a witness to give testimony; in receiving testimony to 
impeach the district record, which is claimed to be valid and binding after thirty 
days; in dismissing the appeal; in not establishing the subdistricts. 

The law requires the county superintendent to give a "just and equitable" 
decision, and as the calling of additional witnesses may sometimes enable him to 
discharge this duty more faithfully, his action in this respect is sustained. 

The second error assigned really includes two distinct points, which will be 
considered separately; and first, in regard to the impeachment of the district 
record. The law provides for an annual meeting of the electors of the district 
township, and for semi-annual and special meetings of the board of directors; 
also that "the secretary shall record all the proceedings of the board and district 
meetings in separate books kept for that purpose." It is a general principle of 



SCIlooi, LAW DECISIONS. 7 

law that <; oral evidence cannot be substituted for any instrument which the law 
requires to be in writing, such as records, public documents," etc. 1 Greenleaf's 
Evidence, $86. "11 is a well settled rule that, where the law requires the evi- 
dence of a transaction to be in writing, oral evidence cannot be substituted for 
that, so long as the writing exists and can be produced; and this rule applies as 
well to the transactions of public bodies and officers as to those of individuals." 
Tin Peopl >■. Zeyst, 23 X. Y., 142. In the case of Taylor v. Henry, 2 Pick., 397, the 
supreme court of Massachusetts held that an omission in the records of a town 
meting could not be supplied by parol evidence. Chief Justice Shaw, in dis- 
cussing the case, said that it would be "dangerous to admit such a proof." Mr 
Starkie, in his valuable treatise on evidence, says: " Where written instruments 
are appointed either by the immediate authority of the law or by the compact 
of the parties, to be the permanent repositories and testimony of truth, it is a 
matter both of principle and of policy to exclude any inferior evidence from 
being used either as a substitute for such instruments or to contradict or alter 
them: of principle, because such instruments are, in their own nature and origin. 
entitled to a much higher degree of credit than that which appertains to parol 
evidence: of policy, because it would be attended with great mischief and incon- 
venience, if those instruments upon which men's rights depend were liable to be 
impeached and controverted by loose collateral evidence." Starkie, part IV. 
page 995, volume III, 3d Am. Ed. 

The reason of the rule upon which the courts agree with such entire unanimity 
applies with force in the case now under consideration. The records of the dis- 
trict and board meetings contain a statement of the regulations adopted, and the 
acts done in the exercise of the powers with which the respective bodies are 
Invested by the law. They present to all the citizens of the district township, in a 
permanent form, certain and definite information which could be obtained, with 
equal certainty, in no other way. Memory is defective, but the secretary records 
the transactions as they occur. The actors change from year to year, but the 
record is permanent. And though the admission of oral testimony to alter a 
record or to supply an omission therein might sometimes promote the attainment 
of justice, the prevalence of such a practice would result in more evil than good 
It is held, therefore, that in the absence of alleged fraud the county superintend- 
ent errs, in admitting parol evidence to contradict or impeach the record of the 
September meeting of the board. 

In regard to the other part of the second point a few words will suffice. The 
counsel for appellant urges that though. the record of the September meeting was 
imperfect, the lapse of thirty days made the record valid and binding upon the 
district. It is true that the right to take an appeal to the county superintendent 
expires after thirty days, but I am unable to see how the lapse of time will vali- 
date what was before invalid. The secretary is the proper custodian of the 
records of the school district, and before the record of the proceedings of the 
board has been approved or adopted by the board, the secretary may amend them 
by supplying omissions, or otherwise correcting them. After they have been 
approved they may be amended and corrected by direction of the board, even 
after the lapse of thirty days. In Massachusetts a town clerk is permitted to 
amend the record in order to supply defects, even after a suit involving a ques- 
tion respecting them has been commenced. I am of the opinion that if the secre- 
tary or board of directors decline to make necessary corrections in the record, 
that a party interested may proceed by mandamus to compel the correction. If 
the record is to be impeached, it must be, in the absence of fraud, by a direct 
proceeding instituted for that purpose, and not by a collateral or indirect method. 
Tlu People r. Zeyst, 23 N". Y., 147-8. 

The district record in this case is not as full as it might with propriety be. 
The law provides that the boundaries of subdistricts shall not be changed except 



g SCHOOL LAW DECISIONS. 

by the vote of a majority of the members of the board... The record fails to show 
that this requirement of the law was complied with at the September meeting. 
The secretary says that the motion to redistrict "carried." This is his opinion, 
but he fails to give the fact upon which it is based. Four of the seven members 
were present, but he does not say who, or how many voted for the change. Prop- 
erly this should have been stated. When, however, the district record declares 
that a motion was "carried," the law will presume that it was carried in accord- 
ance with the requirements of the statute; though there is reason to believe that 
the presumption in this instance is a violent one. It follows that there was no 
legal evidence that the subdistricts were not established in accordance with law: 
hence, the conclusion is inevitable that the county superintendent erred in dis- 
missing the appeal for the cause assigned. 

At the commencement of the trial and again during its progress, the defend- 
ant moved the county superintendent to dismiss the case on account of the insuf- 
ficiency of the affidavit. The affidavit of Mr. Sipple is not as full as it is usual to 
make affidavits in such cases, yet it "set forth the errors complained of" with 
such plainness and conciseness as enabled the county superintendent to obtain 
the necessary transcripts, and this is all the law really requires. It has not 
been customary heretofore to enforce any particular form of affidavit, and the 
superintendent's ruling refusing to dismiss on defendant's motion is sustained. 

As the testimony appears not to have been ail in when the case was dismissed 
by the county superintendent, no opinion can be given in regard to the propriety 
or necessity of establishing the proposed new subdistricts. The case is therefore 
returned to the county superintendent, who will proceed with the hearing, first 
allowing a reasonable time for the correction of the district record or for the 
enforcement of its correction should such correction be deemed necessary by 
either of the interested parties. Should the district record be amended so as to 
show conclusively that the said subdistricts were not legally formed at the said 
meeting in September, it will follow that the said subdistricts never had a legal 
existence, and that the plaintiff could not be aggrieved by the action of the Feb- 
ruary meeting, hence the county superintendent will determine the case in favor 
of the appellee. Should said record not be amended, or should it be amended so 
as to show clearly that said subdistricts were established in all respects in con- 
formity with law, the question of establishing the new subdistricts, or more 
properly retaining their organization, will be determined upon its merits. 

Reversed. 
D. FRANKLIN WELLS, 

July 23, 1868. Superintendent of Public Instruction. 



E. J. Miner v. District Township of Cedar. 

Appeal from Floyd County. 

Contested Election. The proper method of determining a contested election 

for school director is by an action brought in the district court. 

Election. The certificate of the officers of the subdistrict meeting is the legal 

evidence of election as subdirector, and as a general rule a board of directors 

is justified in declining to recognize a person as a member of the board until he 

produces such certificate. 

Evidence. Where the law requires the evidence of a transaction to be in 

writing, oral evidence can be substituted only if the writing cannot be produced.. 

Quo Warranto. The remedy of a person denied possession of an office to which 

he has been chosen, is an action in court. 

At the regular meeting of the board in March, 1868, E. J. Miner appeared and 
filed his oath of office as subdirector of subdistrict number three, and claimed 
recognition as a member of the board. The said Miner failed to present the 
certificate of the officers of the subdistrict meeting, or any other evidence of his 



school law Decisions. 9 

election except his own verbal statement. It was alleged in the board thai he 
wa.s not legally elected. Under these circumstances, the board refused him a 
seat and recognized his predecessor as holding over. Prom this order the said 
.Miner appealed to the county superintendent, who, after a full hearing of the 
manner in which the election was conducted, reversed the order of the boinl. 
and directed that the said Miner should be recognized as subdirector of sub- 
district number three, and as a member of the board of directors. From this 
decision an appeal is taken by A. J. Sweet, president of the board. The above 
are but a small portion of the facts presented in the well arranged transcri »t of 
the county superintendent, but yet all that are material to the issues involved. 

The case presented by these facts is similar to that of Ockerman v. District 
Township of Hamilton, page 77, School Law r Decisions of 1868, and must be 
governed by the same principles. It was there held that the only proper way of 
determining a contested election or the right of exercising any public office or 
franchise, is by an action in the nature of quo warranto brought in the district 
court. It seems unnecessary to repeat the arguments there used. Reference is 
made to that case as well as to the 19 Iowa, 199; 18 Iowa, 59; 16 Iowa. 369; 17 Iowa, 
365; and the other cases there cited. The principle involved in the preceding 
references was recognized by the county superintendent, when he said in his 
decision that "the board of directors has no jurisdiction to inquire into the 
legality of the election of its members." When this just conclusion was reached, 
the case should have been dismissed, for the county superintendent can do on 
appeal only w T hat the board itself might legally have done. 

The county superintendent held that as the president of the subdistrict meet- 
ing refused to sign a certificate of election for the said Miner, that the board 
might receive other evidence of his election. In this the county superintendent 
departed from well established legal principles. The school law provides that at 
the meeting of the electors of the subdistrict on the first Monday in March, ''a 
chairman and secretary shall be appointed, w r ho shall act as judges of the elec- 
tion, and give a certificate of election to the subdirector elect." It is a well set- 
tled rule, that where the law requires the evidence of a transaction to be in 
writing, oral evidence cannot be substituted when the writing can be produced; 
this rule applies alike to transactions of public bodies, officers, and individuals. 

There can be no doubt that the law contemplates that the certificate of the 
officers of the subdistrict meeting shall be the legal passport to a seat in the 
board, and that, as a g'eneral rule, a board of directors is justified in declining to 
recognize a person as a member of the board until such certificate is produced. 
If the certificate has been given and lost, the accident may be remedied by other 
testimony. If illegally withheld, the officer may be coerced by mandamus to 
furnish it. If it has been fraudulently given, the law still provides a remedy". 

By the light of the previous principles, it is evident that when, under the cir- 
cumstances, the county superintendent proceeded to investigate the rights of the 
plaintiff as a school director, he exceeded his jurisdiction, and that his decision 
must therefore be overruled. The law requires that the plaintiff, Miner, shall 
seek his remedy in the courts. The decision of the county superintendent is 
therefore reversed and the case dismissed. Reversed. 

D. FRANKLIN WELLS. 

July 29. 1868. Superintendent of Public Inst nut!" >. 

N. R. Hook v. Independent District of Fremont. 

Appeal from Mahaska County. 

School Privileges. Are not acquired by temporary removal into a district 
for the purpose of attending school. 

At a meeting of the board an order w r as made excluding one George Check 
from school. From this order Dr. N. R. Hook, with whom the boy was at the 



10 SCHOOL LAW DECISIONS. 

time living, appealed to the county superintendent, who affirmed the order of the 
board, and Hook again appealed. 

The ground upon which the boy was debarred from school, was that he was not 
a bona fide resident of the district, and this is fully sustained by the circumstances 
of the case as shown by the weight of evidence as adduced before the county 
superintendent. The apparent primary purpose of George Check in going to live 
with Dr. Hook, was that he might attend the school at Fremont, and after the 
term of school should expire, his further continuance at Hook's would be uncer- 
tain. He did not g-o there with the intention of remaining, but the intention to 
return to his father's house seems to have been manifested in the contract or 
agreement made with Hook. 

Counsel for appellant argues that the law should not be technically construed, 
but that it should receive a liberal construction, and in this he is correct. It 
should receive such a construction as that all the youth of the state, without 
regard to race or condition in life, can, with equal facility, participate in the 
benefits of our free schools. There is evidence that the schools in Fremont are 
so crowded that many of the youth of the district are unable to gain admission, 
and the law gives to them the prior claim. The board should see that the chil- 
dren of the district are first accommodated, and then, if not detrimental to the inter- 
ests of the school, it may admit, in its discretion, those from outside districts 
upon such terms as it may agree. 

Believing that the county superintendent properly sustained the board of 
directors, his decision is hereby Affirmed. 

A. S. KISSELL, 

May 1, 18T0. Superintendent of Public Instruction. 



Z. W. Remington v. District Township of Boomer. 

Appeal from Pottawattamie County. 

Jurisdiction. The county superintendent does not have jurisdiction of cases 

involving a money demand. 

School ORDERS. When improperly issued, a proper remedy is injunction. 

On the 12th day of October, the board met in special session and made a set- 
tlement with one L. S. Axtell, who was the contractor for the erection of certain 
schoolhouses in said district township. From the action of the. board, Z. W. 
Remington appealed to the county superintendent, who dismissed the appeal 
upon the ground that the settlement with Axtell was for a money demand, and 
therefore involved a question over which he could exercise no jurisdiction. 
Remington again appeals. 

If there was anything wrong in the action of the board issuing orders in favor 
of Axtell for the payment of his claim for building the schoolhouses that would 
render them invalid, his remedy, if any, would have been by injunction to 
restrain the payment of such orders, or by some other proper action in the civil 
courts, and not by appeal to the county superintendent, as the latter tribunal is 
not clothed by the statute with authority to inquire into or determine the validity 
of school orders. The county superintendent, therefore, very properly decided 
to dismiss the appeal, and his order in the case is hereby Affirmed. 

A. S. KISSELL, 

May 17, 1870. Superintendent of Public Instruction. 



W. D. Peck et al. v. .District Township of Polk. 

Appeal from Jefferson County. 

SubdiSTRICTS. Should be, if possible, compact and regular in form. In well 
populated district townships, two miles square is considered a desirable area. 



SCHOOL LAW DECISIONS. 11 

Schoolhouse Site. It is important that a schoolhouse site be located on a 
public road, and as near the center of the subdistrict as practicable. 

It appears from the transcript in this case that the board, on the presentation 
of a petition from the majority of the inhabitants of subdistrict number eight, 
issued an order attaching- a strip on the northeast from subdistrict number seven 
to number eight, relocating the schoolhouse site, and arranging for the removal 
of the schoolhouse from the present site to said new location. From this action 
of the board an appeal was taken to the county superintendent, who sustained the 
action of the board, and from his decision an appeal is taken to this tribunal. 

The trial before the county superintendent developed that the board has in 
contemplation the redisricting of the entire township into subdistricts two miles 
square, and that the order providing for the change of boundaries in subdistrict 
number eight is the initiatory step in that direction. The subdistrict in question, 
previous to the order, had very irregular boundaries; and except that the district 
is too large for convenience without further change in the boundaries, there 
would seem to be every reason for attaching the strip from number seven. That 
being attached, the change of location and the removal of the schoolhouse to a 
site occupying the geographical center of the subdistrict with its changed bound- 
aries, must follow of course. Besides this, there seems to be the additional good 
reason for the change of location for the schoolhouse site: the present site is not 
on a public road; the one in prospect is, and as all the territory is in a condition 
to be easily and rapidly settled, the new site will, with the additional change in 
contemplation, be the exact geographical center of the subdistrict. 

The action of the board in this case is manifestly of a discretionary character, 
and I can see nothing in the testimony that would induce the belief that it has in 
any way exceeded its prerogative, or abused its discretion. The decision of the 
county superintendent is therefore Affirmed. 

A. S. KISSELL, 

February 4, 1871. Superintendent of Public Instruction. 



W. P. Davis v. District Township of Madison. 

Appeal from Fremont County. 

CONTRACTS. Made by a committee require the approval of the board in session. 

School Funds. The treasurer is the proper custodian of all funds, and may 

legally pay them out only upon orders specifying the fund upon which they are 

drawn and the specific use to which they are applied. 

Subdirector. The subdirector may expend money in his subdistrict only in the 

manner authorized by the board. 

Claims. Just claims against the district can be enforced only in the courts. 

Mandamus. Is a remedy if the board refuses to carry out a vote of the electors. 

Subdistrict. A subdistrict is not a corporate body, and has no control of any 

public fund. 

The electors on the 11th day of March, 1871, voted a tax of two and one- 
half mills on the taxable property of the district township for schoolhouse pur- 
poses, and directed that three hundred dollars of the amount thus raised should 
be used for the erection of a schoolhouse in subdistrict number nine. 

March 20, 1871, W. P. Davis, subdirector of subdistrict number nine, was 
appointed a committee to build a schoolhouse in said subdistrict. The house 
having been completed, at a special meeting of the board held June 1, 1872, it 
was moved that the report of the committee be received, and the schoolhouse be 
accepted; also that the secretary be instructed to draw an order on the treasurer 
for three hundred dollars, for subdistrict number nine. Both motions were lost, 
from which action the said W. P. Davis appealed to the county superintendent, 
who on the 9th day of August, 1872, reversed the action of the board. The dis- 
trict township, through its president, W. H. Gandy, appeals. 



12 SCHOOL LAW DECISIONS. 

The history of this case very fully illustrates the loose and irregular manner 
in which school officers too frequently transact official business. Section 15 of 
the School Laws provides that the board "shall make all contracts, purchases, 
payments, and sales necessary to carry out any vote of the district, but before 
erecting any schoolhouse they shall consult with the county superintendent as to 
the most approved plan of such building. ' ' 

If the contract is made by a subdirector or committee of the board, it should 
in all cases be approved by the board before work is commenced. 

A misapprehension often exists as to the manner in which school funds should 
be disbursed. The treasurer is the proper custodian of all funds belonging to the 
district township, and the law provides that he "shall pay no order which does 
not specify the fund on which it is drawn, and the specific use to which it is 
applied," that is, for work done, material furnished, or the like. 

The board is also required to "audit and allow all just claims against the dis- 
trict, and no order shall be drawn on the district treasury until the claim for which 
it is drawn has been so audited and allowed. ' ' This rule applies equally where, funds 
are voted by the district township for the purpose of building schoolhouses in 
particular subdistricts, also where taxes have been raised on the property of sub- 
districts in accordance with the proviso of section twenty-eight. Such funds, or 
so much of them as may be required to carry out the vote of the electors, should be 
devoted to the specific object for which they were voted, but the disbursement 
should in all cases be under the direction and authority of the board. Boards have 
no authority to give subdirectors money to use in their subdistricts for building 
schoolhouses or any other purpose, nor subdirectors to use money so received. 
A subdistrict is not a corporate body and has no control of any public fund. 

If Mr. Davis has a just claim against the district township of Madison which 
the board refuses to allow, or if the board refuses to apply the amount voted by 
the electors to the specific object for which it was designed, the erection of a 
schoolhouse in subdistrict number nine, the civil courts only can furnish a means 
of redress. Reversed. 

ALONZO ABERNETHY, 

October 30, 1872. Superintendent of Public Instruction. 



W. J. Moody v. H. H. Burrington, County Superintendent, 

Appeal from Bremer County. 

Certificate. The county superintendent may refuse to entertain a petition for 
the revocation of a teacher's certificate. 

Appeal. An appeal may be taken from the refusal of the county superintendent 
to investigate charges brought against a teacher. 

Discretionary Acts. The decision of the authority having original jurisdic- 
tion is entitled to much consideration. 

A petition containing charges against a teacher was presented to H. H. Bur- 
rington, county superintendent, asking an investigation of the charges, and the 
revocation of her certificate. The county superintendent refused to make the 
investigation as requested by the petitioners, and W. J. Moody appeals. 

The question whether an appeal will lie from the refusal of the county super- 
intendent to investigate charges brought against a teacher, has not been to our 
knowledge before determined. Since it is held that an appeal may be taken from 
an action of the board refusing to perform a discretionary action, we see no rea- 
son why appeal will not lie from a similar action of the county superintendent. 

In the case before us, statements testifying to the moral character and good 
reputation of the teacher are made by reliable and disinterested parties, who 
have been intimately acquainted with her for several years past; and it is believed 



SCHOOL LAW DECISIONS. 13 

that, in no instance, is the judgment and discretion of a local tribunal entitled to 
more consideration than in this case. Affirmed. 

ALONZO ABERNETHY, 
.July 10, 1873. Superintendent of Public Instruction. 



J. W. Randall v. District Township of Vienna. 

Appeal from Marshall Count;/. 

SCHOOLHOUSE. The board may legally remove a schoolhouse from one sub- 
district to another only by vote of the electors. 

Schoolhouse. When the electors have voted to remove a schoolhouse from one 
subdistrict to another the board must execute such vote, and from its action in so 
doing no appeal can be taken. 

Injunction. The execution of a fraudulent vote of the electors may be pre- 
vented by a writ from a court of law. 

At the district township meeting held on the second Monday in March, 1873, 
it was voted to remove the schoolhouse situated in subdistrict number four into 
subdistrict number three. On the 17th day of March the board ordered the 
removal of the schoolhouse, in accordance with said vote of the electors. From 
this action appeal was taken to the county superintendent, who reversed the 
action of the board The district township, through its president, appeals. 

Section seven, School Laws of 1872, provides that the electors shall have the 
power "to direct the sale, or other disposition to be made of any schoolhouse;" 
also "to vote such tax, not exceeding ten mills on the dollar in any one year, on 
the taxable property of the district township, as the meeting shall deem suffi- 
cient for the purchase of grounds and the construction of the necessary school- 
houses for the use of the respective subdistricts." Section fifteen provides that 
the board ' 'shall make all contracts, purchases, payments and sales necessary to 
carry out any vote of the district." Section sixteen provides that the board 
"shall fix the site for each schoolhouse." 

From the law as above quoted we understand that the electors may vote a tax 
for the erection of a schoolhouse in any particular subdistrict, or may direct the 
removal of one already built, from a subdistrict, and that the board determines 
the site within a subdistrict, but has no authority to remove a schoolhouse from 
a subdistrict without affirmative action of the electors, such action, however, 
being taken, the board must execute their vote, if in accordance with law. From 
the action of the board in thus executing the vote of the electors no appeal can 
be taken. If the vote of the electors is contrary to law, its execution may be 
prevented by injunction, if unwise, the electors themselves must bear the conse- 
quences. Reversed. 

ALONZO ABERNETHY, 

July 11, 1873. Superintendent of Public Instruction. 



D. K. Taylor v. Independent District of Eldon. 

Appeal from Wapello County. 

Appeal. Appeal may not be taken from an action or order complying with the 
terms of a contract previously made, nor from an action authorizing the issuance 
of an order in payment of a debt contracted by previous action of the board. 
Appeal. A case whose main purpose is to determine the validity of an order on 
the district treasury, or the the equity of a claim, cannot be entertained on 
appeal to the county superintendent. 

School Funds. The courts of law alone can furnish an adequate remedy, if the 
law has been violated and the money of the district has been misappropriated. 

From the transcript it appears that on the 3d day of December, 1873, the board 
passed an order authorizing the payment of five per cent commission for negotiat- 



14 SCHOOL LAW DECISIONS. 

ing the district bonds, and on the same day another authorizing D. P. Stubbs to> 
negotiate said bonds. On the 3d day of February, 1874, the board passed an order 
instructing the president and secretary to draw an order for $90 on the district 
treasury in favor of said D. P. Stubbs, for services rendered in negotiating said, 
bonds, in accordance with the previous action of the board on December 3, 1873. 
From the action of the board in issuing said order of $00 this appeal was taken.- 
The county superintendent dismissed the case, on the ground that it was an 
action authorizing the payment of money, and a decision thereon would be 
equivalent to rendering a judgment for money, which is prohibited by the 
provisions of section 1836. D. K. Taylor again appeals. 

Appeal may be taken from any action of the board which authorizes the 
making of a contract, but not from a subsequent action or order complying with 
the terms of a contract previously made, nor from an action authorizing the 
issuance of an order in payment of a debt contracted by a previous action. 

The order appealed from in this case is not a new action of the board, but a 
necessary result of the order of December 3, 1873. If the first action was legal 
and proper, the last is both proper and necessary, the services having been per- 
formed. Any interested party might have appealed, at the proper time, from 
the action of December 3, 1873, authorizing the payment of five per cent com- 
mission for negotiating bonds or authorizing the appointment of an agent therefor. 
But the time for an appeal, thirty days, having expired, appeal cannot now be 
taken from the subsequent action, which is simply carrying out its previous, 
action, and the terms of the contract made thereunder. 

To determine the validity of an order on the district treasury, or the equity 
of a claim, is equivalent to the rendition of a judgment for money, and a case 
whose sole purpose is to determine this question cannot be entertained on appeal. 
The courts of law alone can furnish an adequate remedy, if the law has been vio- 
lated, or the interests of the district have suffered by the making of contracts or 
the issuing of orders for money on the treasury. Affirmed.. 

ALONZO ABERNETHY, 

May 5, 1874. Superintendent of Public Instruction. 



E. Watson v. District Township of Exira. 

Appeal from Audubon County. 

Punishment. The punishment of a pupil with undue severity, or with an 
improper instrument, is unwarrantable, and may serve in some degree, to indi- 
cate the animus of the teacher. 

Punishment. In applying correction, the teacher must exercise sound discre- 
tion and judgment and should choose a kind of punishment adapted not only to 
the offense, but to the offender. 

Charges were preferred against E. Watson for harsh and unreasonable punish- 
ment of a pupil, and upon investigation the teacher was discharged. From this- 
action of the board he appealed to the county superintendent, who reversed its 
action, and the district appeals. 

From the evidence it appears that the pupil upon whom the punishment was 
inflicted was a boy thirteen years of age, and that the offense was such that punish- 
ment was deserved. The instrument selected was a hickory stick, three-fourths 
of an inch in diameter at one end, and one-half inch at the other, and fifteen or 
eighteen inches long. The punishment was inflicted by striking upon the palm 
of the hand from eight to twelve strokes. It appears that the boy's hand was. 
thereby disabled for some days. 

It is alleged by the teacher that the punishment was inflicted for the good of 
the school, and that it was without malice on his part. We consider the selection 
Of such an instrument for the punishment of a pupil injudicious, unwarrantable,. 



SCHOOL LAW DECISIONS. 15 

and dangerous, and thai the consequences might be fraught with the gravest 
results, and thai such selection may serve in some degree, to indicate the animus 
of the teach'i. Reversed. 

A.LONZO ABERNETHY, 
June t>, 1*74. Supt rintt nd\ nt of Public Institution. 



Sanford IIarwood v. Independent District of Charles City. 

Appeal from Floyd County. 

Punishment. The right of the parent to restrain and coerce obedience in 
children applies equally to the teacher, or to any one who acts in loco parentis. 
Rules and Regulations. Boards of directors and their agents, the teachers- 
may establish reasonable rules for the government of their schools. 
Rules and Regulations. The teacher has the right to require a pupil to 
answer questions which tend to elicit facts concerning his conduct in school. 
Rules and Regulations. The pupil is answerable for acts which tend to 
produce merriment in the school or to degrade the teacher. 

Rules and Regulations. Open violation of the rules cannot be shielded from 
investigation under the plea that it invades the rights of conscience. 
Board of Directors. The board shall be sustained in all legitimate and rea- 
sonable measures to maintain order and discipline, to uphold the rightful author- 
ity of the teacher, and to prevent or suppress insubordination in the school. 

This case involves the right of a teacher to require a pupil to answer questions 
concerning his conduct in school, or to testify against himself. 

Burritt Harwood, a member of the high school department, having broken 
certain rules of the school, was suspended by the superintendent for refusing to 
answer a question relating thereto. The pupil's father petitioned the board to 
restore the pupil. The board, having investigated the facts, adopted the follow- 
ing: "Resolved. That the school board sustain Prof. Shepard in his suspension 
of Burritt Harwood, provided Burritt Harwood be reinstated if he answer the 
question, for the refusal to answer which he was suspended, subject to such fur- 
ther action as may be taken by the principal or school board for making and cir- 
culating the caricature." The president and four other members voted for, and 
one against the resolution. From this action of the board, S. Harwood appealed 
to the county superintendent, who reversed its action. The board appeals. 

The power of the parent to restrain and coerce obedience in children cannot 
be doubted, and it has seldom or never been denied. This principle applies 
equally to the teacher or to any one who acts in loco parentis. Boards of directors 
and their agents, the teachers, may establish all reasonable and proper rules for 
the government of schools, and to control the conduct of pupils attending the 
same. "Any rule of the school not subversive of the rights of the children or 
parents, or in conflict with humanity and the precepts of divine law, which tends 
to advance the object of the law in establishing public schools, must be consid- 
ered reasonable and proper." Burdick v. Babcock, 31 Iowa, 562. 

The superintendent had occasion to leave the high school in charge of his 
assistant while he should attend to official duties elsewhere. On his return, about 
-t P. M., the assistant reported that there had been much disorder on the part of 
some of the pupils, and that she had required several of the pupils to remain and 
report their misdemeanors to the superintendent. Burritt Harwood being called 
upon, said in substance: "I have two misdemeanors to report; I threw snow into 
the lower hall during recess, and I passed a piece of paper across the aisle to my 
brother's desk." Both are recognized as violations of the rules of the school. 
The nature and magnitude of the first are readily discernible, and need no fur- 
ther investigation; not so of the second; much depends upon the character of the 
"piece of paper," whether simply blank paper or containing writing or other 
marks. Being asked to state the nature of the paper, he at first answered 



16 SCHOOL LAW DECISIONS. 

evasively. Being further questioned, he replied that it was "pictorial," that it 
was a ''burlesque or caricature," that "it represented the schoolhouse and some 
person or persons," that "the person or persons represented were connected with 
the school." The question, "whom he had intended to burlesque," after some 
hesitation, he declined to answer. For this act of disobedience he was suspended. 

The question which he refused to answer appears to differ in no essential 
feature from those previously answered. By it the teacher simply sought to dis- 
cover an additional fact in connection with the case. If he had a right to ask the 
former he had the latter. If there is any reason why the pupil had the right or 
should claim the privilege of declining to answer the last, he should have stated 
it. Certainly no good reason appears from the nature of the offense, and the 
degree of punishment which it merited depended upon the information which the 
teacher sought to obtain by this and the previous question. If the paper con- 
tained simply the solution of a problem or something connected with his lesson, 
it merited one degree of punishment; if its purpose was to create merriment 
among the pupils, thus diverting their attention from their studies, it required 
another degree; if by it the pupil sought to bring ridicule upon a teacher, to the 
prejudice of the good order and government of the school, still another; each 
would be a violation of the rules, but not each equally punishable. The claim of 
appellee that it was an attempt to pry into the secrets of the heart, and was a 
violation of the right of conscience, is scarcely sustained by the facts. The 
question "whom did you intend to represent," is essentially equivalent to "whom 
did you represent." Its purpose evidently was not to find out the thought or 
intent, but the act of the pupil. The question was simply what was the character 
of the picture drawn and circulated to the disturbance of the school. It does not 
appear how the rights of conscience would be violated in answering the question. 
It may be true that the picture itself, if produced, would furnish the best 
evidence, but the teacher clearly had the right, in its absence, and knowing 
nothing of its nature beyond what the pupil had already revealed, to seek this 
information directly and immediately by proper questions. Nor can the pupil 
shield himself under the provision of the law that a prisoner at the bar cannot be 
compelled to answer questions which will tend to render him criminally liable or 
expose him to public ignominy. He is, in no proper sense, accused of crime 
before a court of law, authorized to sit in judgment under a criminal code. 

The picture, which was afterward produced, reveals anything but a right 
spirit in the pupil. Probably no one who has seen it doubts that it is a coarse 
caricature of the superintendent and his assistant. His refusal to answer was 
evidently not that he could not conscientiously do so, nor that it would tend to 
criminate himself, but was a deliberate act of insubordination. All the attendant 
circumstances, the evasive and studied replies to the superintendent's questions, 
the caricature itself, and its circulation through the school during the absence of 
the superintendent, together with a previous malicious caricature of the same 
nature, all reveal a disregard for the regulations of the school, the respectful 
conduct due from a pupil, and an animus toward the teacher anything but proper. 

In our opinion unnecessary stress was laid, in the trial before the superin- 
tendent, upon the technical ground of suspension by the superintendent. The 
board having had the whole subject under investigation, including statements of 
the offenses from both the superintendent and the pupil, sustained the superin- 
tendent, or in other words, suspended the pupil conditionally from the school, as 
it probably had a right to do for' any one of the offenses named. This being a 
discretionary act, due weight must be given to such action by an appellate 
tribunal, especially should the board be sustained in all legitimate and reasonable 
measures to maintain order and discipline, to uphold the rightful authority of the 
teacher and to prevent or suppress insubordination in the school. Reversed. 

ALONZO ABERNETHY, 

.Tune 8. 1874. Superintendent of Public Instruction. 



SCHOOL LAW DECISIONS. 17 

J. w. Hubbard v. District Township of Lime Creek. 

Appeal from Cerro Gordo County. 

Appeal. The execution by the board of the vote of the electors upon matters 

within their control, is mandatory, from Buch action of the board no appeal can 

be taken. If such action is tainted with fraud, an application to a court of law is 

the proper remedy. 

Board of Directors. The board, though not bound by a vote of the electors 

directing the precise location of a schoolhouse site, is required to so locate it as 

to accommodate the people for whom it is designed. 

Board of Directors. If in the selection of a site the board violates law or 

abuses its discretionary power, its action may be reversed on appeal. 

Certiorari. A fraudulent or illegal action may be corrected by application to 

a court for a writ of certiorari. 

The electors of tho district township voted a tax to build a schoolhouse on 
what is known as the Simons road, near where it crosses the Central railroad. 
On a separate motion, the board was instructed to sell the schoolhouse known as 
number three, ^n accordance with the first mentioned action, the board located 
a schoolhouse ^>ite on said road, fifty feet from said crossing. From this action 
appeal was taken, the appellant claiming it to be a relocation of the site known as 
number three, and that such action was with the express intention of selling the 
schoolhouse and abandoning the site thereof. The county superintendent 
reversed the action of the board and the district township appeals. 

The district township coincides with a congressional township in boundaries 
and extent, and is comprised in one subdistrict. It is claimed that the action of 
the district township meeting did not represent the wishes of the people; that 
there are ninety-five voters in the district, and but twenty-seven were present at 
such meeting; also that in the location of the site the board did not consult the 
convenience of the people. 

Section 1717 provides that the electors, when legally assembled at the district 
township meeting, shall have power "to direct the sale or other disposition to be 
made of any schoolhouse, or site thereof, and of such other property, personal and 
real, as may belong to the district." Section 1723 provides that the board "shall 
make all contracts, purchases, payments, and sales necessary to carry out any 
vote of the district." Section 1724 provides that the board "shall fix the site for 
each schoolhouse, taking into consideration the geographical position and con- 
venience of the people of each portion of the subdistrict." 

The execution of the vote of the electors by the board is mandatory, from its 
action in so doing no appeal can be taken. In case such action is in any manner 
tainted with fraud, an application to a court of law is the proper remedy. 

The power to locate schoolhouse sites is vested originally in the board. 
Although the board has authority to locate schoolhouse sites, yet money legally 
voted by the electors for a specific purpose, must be expended in accordance with 
such vote; if voted to erect a schoolhouse in a certain subdistrict, it cannot legally 
be used to build a schoolhouse in another. While any directions of the voters 
attempting to locate precisely a schoolhouse site, are void, yet the board is bound 
so to locate it as to accommodate the people for whom designed, in the absence of 
such instructions the board may exercise more widely its discretion in fixing 
schoolhouse sites. If in the performance of this duty it violates law, acts with 
manifest injustice, or in any manner shows an abuse of discretionary power, its 
action may properly be reversed by the county superintendent. In this case we 
do not discover that the board has in any manner failed in the proper perform- 
ance of its duty. Reversed. 

ALONZO ABERNETHY, 

July 7, 1875. Superintendent of Public Instruction. 



18 SCHOOL LAW DECISIONS. 

B. D. Bacon et al. v. District Township of Liberty. 

Appeal from Woodbury County. 

Board of Directors. The action of the board cannot be reversed upon the 
allegations of appellant without proof, or by reason of failure to make defense. 
BOARD OF Directors. The acts of the board are presumed to be regular, legal, 
and just, and should be affirmed unless proof is brought to show the contrary. 
Testimony. The superintendent should afford full opportunity for the intro- 
duction of testimony, and the examination of witnesses should be so conducted as 
to disclose all material facts. What is shown by the plat need not also be pre- 
sented orally. 

The county superintendent sustained the board in locating the site for a new 
schoolhouse where the old one now stands. B. D. Bacon et al. appeal. 

The peculiarity of this case is that at the trial before the county superintendent 
no oral testimony was introduced by the appellant. 

It is the duty of the county superintendent to afford full opportunity to the 
appellant to present evidence, and it is desirable that the examination of witnesses 
should be so conducted that every material fact connected with the case shall be 
disclosed. But the action of the board cannot be reversed upon the allegations of 
the appellant without proof, or by reason of failure of the board to be present and 
make defense. The acts of the board are presumed to be regular, legal, and just, 
and should be affirmed by the county superintendent upon appeal, unless proof is 
brought to show the contrary. 

The plats furnished with the transcript in this case are unusually minute, and 
it is possible that they were regarded as showing the material facts relating to> 
the case. What is shown by the plat, need not be also presented orally, but any 
additional facts may properly be so shown. From the plat and affidavits, it 
appears that the appellants desire the schoolhouse site to be located about one- 
half mile south of the site on which the board resolved to erect a new house. The 
location of roads and dwellings in the subdistrict would seem to indicate that the 
point selected by the board will quite as well subserve the convenience of the 
inhabitants as that desired by the appellants. Under these circumstances the 
discretionary power of the board cannot properly be interfered with. Affirmed- 

ALONZO ABERNETHY, 

August 30, 1875. Superintendent of Public Instruction.. 



E. Gosting v. District Township of Lincoln. 

Appeal from Plymouth County. 

Schoolhouse Site. The action of a committee appointed by the board to locate 
a site is of no force until -officially adopted by the board while in session. 
Schoolhouse Site. Subdistrict boundaries cannot be changed in an appeal' 
relating solely to locating a site, nor can a site be located with the expectation 
that boundaries will be changed, unless such intention of the board is shown. 
Jurisdiction. The county superintendent has jurisdiction only of the matter to 
which the appeal relates. 

Appeal. The right of appeal is confined to persons injuriously affected by the 
decision or order complained of. Ordinarily a person living in one subdistrict 
cannot appeal from an action of the board locating a site in another. 

A committee appointed to locate a schoolhouse site for the accommodation of 
the residents of subdistricts number seven and nine, reported that it had selected 
the northwest corner of section ten, and afterward that it had chosen instead, a 
site about eighty rods east of the northwest corner of section eleven. There is. 
no record showing that any action was taken in relation to these reports. 

Subdistrict number nine consists of the east one-half of congressional township 
number 90, range 45. The appellant resides in subdistrict number seven, which 
comprises the west one-half of the same congressional township. The decision of 



SCHOOL LAW DECISIONS. 19 

the county superintendent is as follows: "After considering- the evidence and 
the plat introduced, I sustain the committee in its first location at the northwest 
corner of section ten of said township." D. M. Relyea appeals. 

The power to locate schoolhouse sites is vested in the board of directors. 
The action of a committee appointed by the board to locate a schoolhouse site is 
of no force until its report is officially adopted by the board while in session. 

Section 1725 provides that the board "shall determine where pupils may 
attend school; and for this purpose may divide their district into such subdistricts 
as may by them be deemed necessary." The object of dividing a district town- 
ship into subdistricts is to determine where pupils shall attend school. While it 
is frequently the case that pupils may more conveniently attend school in an adjoin- 
ing subdistrict, it would obviously be improper to locate a schoolhouse site 
expressly for the accommodation of such pupils, unless with the intention of sub- 
sequently making a redivision of the district township. The county superintend- 
ent has jurisdiction only of the matter to which the appeal relates. He cannot 
properly upon an appeal relating to the location of a schoolhouse site change 
subdistrict boundaries, nor can he locate a schoolhouse site with the expectation 
that such boundaries will ultimately be changed, unless such is shown to be the 
intention of the board. 

The right to appeal from actions of the board is confined to persons injuriously 
affected by the decision or order of which complaint is made. Ordinarily, a 
person living in one subdistrict cannot properly appeal from an action of the 
board locating a schoolhouse site in another 

The decision of the county superintendent is set aside, and the location of the 
schoolhouse site is left to the discretion of the board. Reversed. 

ALONZO ABERNETHY, 

September 7, 1875. Superintendent of Public Instruction. 



J. E. Brown v. District Township op Van Meter. 

Appeal from Dallas County. 

Appeal. The adoption of the committee's report in favor of retaining the old 
schoolhouse site, is an action from which appeal may be taken. 
Board of Directors. The action of the board cannot be reversed upon the 
allegations of appellant without proof, or by reason of failure to make defense. 
Board of Directors. The acts of the board are presumed to be regular, legal 
and just, and should be affirmed unless proof is brought to show the contrary. 
Subdistrict Boundaries. The acts of a board changing subdistrict bound- 
aries and locating schoolhouses are so far discretionary that they should be 
affirmed on appeal, unless it is shown beyond a doubt that there has been an abuse 
of discretion. 

County Superintendent. The weight that properly attaches to the discre- 
tionary actions of a tribunal vested with original jurisdiction, does not apply to 
the decisions of an inferior appellate tribunal. 

The county superintendent reversed the action of the board in selecting the 
old site in subdistrict number two, upon which to erect a schoolhouse, and located 
the site about eighty rods westward of the old one. From this decision the dis- 
trict township appeals, claiming in substance that the county superintendent 
erred as follows: That there was no action of the board relative to the selection 
of a schoolhouse site in subdistrict number two from which an appeal would lie: 
that the board failed, by reason of a misunderstanding, to appear and defend, and 
that it was unjustly refused a rehearing; that the old site was suitable, convenient 
and at the center of population, both present and prospective, and that the 
reversal of the action of the board was without sufficient cause, there being no 
evidence that it abused its discretionary power or acted with injustice. 

From the transcript it appears that a committee was appointed to select a site 
for the erection of a schoolhouse in subdistrict number two: that it report'-"! in 



:20 SCHOOL LAW DECISIONS. 

favor of the old site, and that its report was adopted by the board. The law, pro- 
vides that an appeal may be taken by any party aggrieved, from any order or 
decision of the board. 

That there was an action of the board, and that the subject-matter to which 
.such action relates is the location of a schoolhouse site in subdistrict number 
two, there can be no reasonable doubt, hence the action of the board was subject 
to appeal, and such appeal gave to the county superintendent jurisdiction in the 
.matter of location of said schoolhouse site. 

It is the duty of the county superintendent to give due notice to all parties 
directly interested in an appeal from the board, and to afford full opportunity for 
the presentation of evidence, but the action of the board cannot properly be 
reversed upon the allegations of the appellant without proof, or by reason of the 
failure of the board to be present and make defense. The acts of the board are 
presumed to be regular, legal and just, and should be affirmed by the county 
superintendent, unless proof is brought to show the contrary. In this case, how- 
ever, the board appears to have had due notice and ample opportunity to defend 
the case. It is not claimed that any additional evidence could be produced that 
would materially affect the issue; but that the board, understanding through 
popular report that the case was withdrawn, failed to be present at the trial, and 
upon this ground asks for a rehearing, which was very properly refused. 

The site selected by the county superintendent is nearly central, being eighty 
rods west of that chosen by the board. Both appear to be suitable. The eastern 
part of the subdistrict is mostly prairie land, while the western portion is, to a 
considerable extent, timber land 

The evidence as to which site will better serve the interests and convenience 
•of the residents of the subdistrict is conflicting. The board is entitled to the 
benefit of any doubt upon this point. Unless it is clearly proven that it has 
violated law, abused its discretionary power, or has acted with manifest injustice, 
its action should be affirmed. 

It is urged by the appellee that the same weight attaches to actions of an 
inferior appellate tribunal, upon appeal, that is given to tribunals having original 
jurisdiction. It is held that the action of the board in matters of which it 
has original jurisdiction, is alone entitled to this consideration by any superior 
tribunal upon appeal. Reversed. 

ALONZO ABERNETHY, 

September 17, 1875. Superintendent of Public Instruction. 



Mary M. Thompson v. District Township of Jasper. 

Appeal from Adams County. 

Teacher. When a teacher is dismissed in violation of his contract, an action in 
the courts of law will afford him a speedy and adequate remedy; when discharged 
for incompetency, dereliction of duty, or other cause affecting his qualifications 
as a teacher, he has the right of appeal. 

Teacher. The teacher is entitled to the counsel and co-operation of the sub- 
director and board in all matters pertaining to the conduct and welfare of the 
school. 

The board discharged the teacher in one of the public schools of the district 
for dereliction of duty. She appealed to the county superintendent, who reversed 
Its decision; from this action, the board, through its president, appeals. 

At the hearing before the county superintendent the board filed a motion to 
dismiss the case for want of jurisdiction, insisting that the teacher having been 
dismissed in accordance with the provisions of section 1734, her proper remedy 
was an action at law for damages. 

When a teacher is dismissed in violation of his contract, an action in the 
<courts of law, on the contract, will afford him a speedy and adequate remedy; 



SCHOOL LAW DECISIONS. 2t 

when discharged for incompetency, dereliction of duty, or other cause affecting* 
his qualifications as a teacher, he has the right of appeal to the county superin- 
tendent, who is the proper officer to review questions of this character, and to 
determine whether the board has in the exercise of its authority violated the law 
or abused its discretionary power. Questions concerning the validity of contract s, 
the right to recover for services performed, and the interpretation of law, h 
especially to judicial tribunals. Questions concerning the character and qualifi- 
cations of the teacher, and his management of the school, are, by appeal, within 
the jurisdiction of the county superintendent. The motion to dismiss was 
properly overruled. 

The charges of dereliction were want of promptness in commencing school in 
the morning, and an occasional refusal to hear the recitation of one or more of 
her pupils. For this dereliction there appears to have been some extenuating 
circumstances. Under the contract it was the subdirector's duty to have fires, 
built. The boy employed to do this work often failed to have the schoolhouse in 
comfortable condition at nine o'clock. The teacher usually made up lost time by 
teaching after four o'clock, and there is no evidence that the subdirector or board 
ever advised her with regard to the performance of her duties. The board con- 
vened at the schoolhouse without previous notice to the teacher, and after taking 
the testimony of pupils, unanimously voted to discharge her. Affirmed. 

ALONZO ABERNETHY, 

May 8, 1876. Superintendent of Public Instruction.' 



S. W Woods et al. v. District Township of Brighton. 

Appeal from Cass County. 

Board of Directors The acts of the board must be presumed to be regular, 
and should be affirmed unless positive proof is brought to show the contrary. 
Schoolhouse Site. The prospective wants' of a subdistrict may properly have 
weight in determining the selection of a site, when such selection becomes neces- 
sary, but not in securing the removal of a schoolhouse now conveniently located. 
Schoolhouse Site. To make a distinction between the children of freeholders 
and those of tenants in determining the proper location for a schoolhouse, is 
contrary to the spirit and intent of our laws. 

The board by a vote of five to two rejected a petition asking the removal of the 
schoolhouse in subdistrict number eight. On appeal the county superintendent 
reversed the action of the board, and ordered the removal of the schoolhouse to' 
the place named in the petition. Wm. F. Altig appeals. 

Subdistrict number eight contains sections 27, 28, 33, 3-4, and sixty acres lying- 
in section 32, and has a good commodious schoolhouse, erected three years ago, 
one-half mile west of the center, on a public road passing east and west through 
the center of the subdistrict. There are about thirty children of school age 
in the subdistrict, twenty-two of whom reside in the western half, and nineteen 
west of the present site. All those residing east of the present site, except one 
child, are within one and a half miles of the schoolhouse, while by the proposed 
removal, a large number would be at a greater distance. 

The action of the board in refusing to remove a schoolhouse should not be 
interfered with on appeal, except upon evidence of violation of law, or abuse of 
discretionary power. In this case there is no evidence of such abuse. The pros- 
pective wants of a subdistrict may properly have weight in determining the selec- 
tion of a site upon which to build a schoolhouse, when such a selection becomes 
necessary, but not in determining the removal of a house, located conveniently 
for the present wants of the subdistrict. 

It appears that a considerable portion of the school population consists of the 
children of tenants, and much stress is laid upon the assumed distinction that 
should be made between the children of tenants and those of freeholders, in 



22 SCHOOL LAW DECISIONS. 

determining the proper location of the schoolhouse. Distinctions based upon the 
ownership of property or permanence of residence are not made in the law, would 
not well comport with the fundamental principles upon which our public school 
system is based, and should not have weight in determining the location of school- 
house sites. It is the duty of the board to provide equal school facilities for the 
youth of the district as far as practicable, regardless of considerations relating to 
permanence of residence. The schoolhouse may properly be removed whenever 
the conditions of the subdistrict require it, but unnecessary expense should not 
be incurred in such removal in anticipation of possible, or even probable, changes 
of this character.' Reversed. 

ALONZO ABERNETHY, 
July 31, 1876. Superintendent of Public Instruction. 



J. N. Arthur et al. v. Independent District op Fairway 

Appeal from Adams County. 

Schoolhouse Sites. The necessities of the present must be observed in locat- 
ing schoolhouse sites, in preference to the probabilities of the future. 
Testimony. New testimony can be introduced only when the facts materially 
affecting the case could not have been known before the trial. 
Remanding op Cases. When the evidence discloses that the action of the 
board was unwarranted, and the facts are not sufficiently shown to determine 
what should be done, the case should be remanded to the board. 

In this case the board made an order relocating the schoolhouse site, from this 
order J. N. Arthur and others, residents of the district, appealed to the county 
superintendent, and upon his affirming the action of the board, to the superin- 
tendent of public instruction. 

The district consists of sections one, two, eleven, twelve, thirteen and four- 
teen, and the old schoolhouse stands near the southwest corner of the southeast 
quarter of section one. The proposed new site is in the northwest corner of the 
southwest quarter of the northwest quarter of section twelve, on a public high- 
way, and one-quarter of a mile north of the geographical center of said district. 

The grounds of objection by the appellants to the removal are substantially, 
that the new site is on low bottom lands and subject to overflow, not accessible at 
all times of the year, and that it is not as near the center of the school population 
as the old site. They also suggest that a location at the cross roads one-half mile 
east of the new site is better ground and more convenient to the people. In fix- 
ing the schoolhouse site, the geographical position and the convenience of the 
people of each portion of the district should be considered. 

From the large amount of testimony it is evident that the new site chosen is 
in a low place, and an affidavit sent to this office, and signed by a number of resi- 
dents, proves beyond question that the site has been overflowed for several days 
of the last month. By a close comparison it is found that the number of residents 
who will have their distance to school increased by choosing the new site, is 
greater than of those who will have their distance diminished. By locating the 
schoolhouse at the cross roads, one-half mile east of the proposed new site, which 
location is claimed to be higher, and therefore less liable to overflow, three- 
fourths of the residents will have their distance diminished by forty to one hun- 
dred and sixty rods. 

Although it may be true, as is affirmed in the testimony, that the western part 
of the district is as capable of settlement as the eastern part, the necessities of 
the present must be observed in ' locating schoolhouse sites, in preference to the 
probabilities of the future. While it is the rule of this department to sustain 
discretionary acts of the board, it seems that in this case the true interest of all 
concerned, and justice to a large portion of the people, demands that the school- 
house should not be moved to the new site chosen. 



SCHOOL LAW DECISIONS. 23 

To what extent the high waters of last month did affect the other locations 
under consideration, is not known to this department; it is therefore best to let 
the matter come up anew before the county superintendent for a rehearing. The 
decision of the county superintendent is therefore reversed, and the case 
remanded for a rehearing, with the direction from this department that the pro- 
posed new site is an unsuitable one for school purposes. ' Reversed. 

C. W. VON COELLN, 

October 31, 18TH. Superintendent of Public Instruction. 



R. Luzzard v. Independent District of Liberty. 

Appeal from Monroe County. 

Quo WARRANTO. The only proper means of affirming the right to exercise the 
privileges of an office, or to contest the illegal exercise of the same, is set forth in 
sections 3345-3352. 

This is an action brought to compel the board to recognize a member elect. The 
evidence in the case seems to show that the appellant was duly elected and quali- 
fied, and that on presenting himself at the meeting of the board, he was, by vote 
of the board, debarred from acting, and another person admitted as a member. 
From this order of the board he appealed to the county superintendent, who dis- 
missed the case for want of jurisdiction, and Mr. Buzzard again appeals. 

It has been the uniform decision of this department that the right or title to 
office cannot be determined by any authority other than a court of law. We are 
compelled to agree with former opinions, by supreme court decisions, 16 Iowa, 
371, 17 Iowa, 368, 22 Iowa, 75, in which the fact that an information quo warranto 
is the only proper means', legally, to affirm the right to exercise the privileges 
of an office or to contest the illegal exercise of the same, is clearly set forth. 

In all cases over which we have jurisdiction, our decision is final; hence, if for 
no other reason, we cannot assume jurisdiction in this matter, as both parties 
have access to the courts, as provided by sections 3345-3352 of the Code. The 
county superintendent, therefore, very properly decided to dismiss the appeal, 
and his order is hereby Affirmed. 

C. W.. von COELLN, 

July 2, 1877. Superintendent of Public Instruction. 



J. J. Wilson el al. v. District Township of Monroe. 

Appeal from Mahaska County. 

County Superintendent. The county superintendent is not limited to a 

reversal or affirmance of the action of the board, but he determines the same 

questions which it had determined. 

Schoolhouse Site. The location of a schoolhouse can be dependent upon a 

change of boundaries only when it is shown in evidence that it is the definite and 

positive intention to make such a change. 

Highway. If possible, every schoolhouse site should be upon a public highway. 

County Superintendent. May make a conditional ruling, by which his own 

decision will be governed. 

On the 14th day of April, 1877, the board located the site for a schoolhouse. 
From its action, J. J. Wilson and others appealed to the county superintendent, 
alleging that the board had erred in making the location, in that, by reason of 
distance owing to the location of the roads, the location as made effectually 
deprived many of the subdistrict of the privilege of attendance at school. On 
trial, the county superintendent reversed the action of the board, and located a 
new site. From his decision the board appeals, claiming that the county super- 
intendent erred in selecting a site entirely different from those with reference to 
which testimony was taken; that it is on the extreme east line of said subdistrict, 



24 SCHOOL LAW DECISIONS. 

and hence cannot be called at all central; that the board took into account i» 
making the location, the possibility of a change in the northern boundary of the 
subdistrict, which would make the situation chosen a suitable one for the remain- 
ing subdistrict; that a portion of his decision was conditional and void; and that- 
the board did not abuse its discretion by making the location as it did. 

The assumption that the county superintendent did not have the right to 
locate a schoolhouse site differing in location from the one made by the board, or 
the one petitioned for by the appellants, is a mistake. See John Clark v. District 
Township of Wayne, School Law Decisions of 1876, page 47; also the opinion of the 
attorney-general in Iowa School Journal for April, 1866, in which the following 
ruling was made: "The county superintendent is not limited to a reversal or 
affirmance of the action of the board, but he determines the same questions which 
it had determined." 

The nature of the subdistrict is peculiar. It is long and narrow, and its 
western boundary, the North Skunk river, which also makes nearly all its south- 
ern boundary, is a disturbing element when we attempt to locate the site of a 
schoolhouse to accommodate all the people. While under ordinary circumstances 
a site near the boundary of a subdistrict would be unadvisable, in this' case it- 
seems necessary, unless additional road facilities can be secured. The site selected 
by the county superintendent is clearly the one best calculated to accommodate 
the whole subdistrict as constituted at present. 

The location of a schoolhouse site can be dependent upon a change of bound- 
aries only when it is shown in evidence that it is the intention of the board, or 
boards, to make such change. In this case, it is not claimed that any change is 
actually intended or expected. The limit, as made provisionally by the county 
superintendent, of thirty days for such changes of roads as would make a more 
central location feasible and desirable, was too short a time, under the provisions 
of law, to effect the result. For that reason we shall extend the time for the 
establishment of a road to ninety days from the date of his decision, or to such 
time as the board of directors may show, to be necessary to establish the road, 
provided that immediate steps shall be taken to bring about the result, if desired. 

The discretion of the board was evidently abused in not providing equal school 
facilities for those living in the northern portion of the subdistrict, by the 
location of the schoolhouse site. 

In case the road contemplated is secured, the board may locate the site thereon, 
as near the center of the subdistrict as good and suitable ground can be found. 
If no steps are taken to secure such a road, or in case the road cannot be pro- 
cured, the location last chosen by the county superintendent is to be regarded as 
the site, and his decision is hereby Affirmed. 

C. W. VON COELLN, 

August \ 1877. Superintendent of Public Instruction. 



Wm. Donald v. District Township of South Fork. 

Appeal from Wayne County. 

SALARY OF TEACHERS. The salary of teachers should be in proportion to their 

ability and responsibility, and not equal when these differ materially 

Salary of Teachers. The control of salaries is wholly within the power of 

the board and cannot be determined by an appeal, because it is not within the 

jurisdiction of county or state superintendent to order the payment of money. 

Explanatory Notes. Notes to the school law, while proper aids to school 

officers, have not the binding force of law, and a noncompliance with them is not 

necessarily a violation of law. 

Schools. The wealthier portions of the community should aid their neighbors 

in sustaining good schools. 



SCHOOL LAW DECISIONS. 25 

On the 18th day of March, 1878, the board made an order fixing the salaries of 
teachers for the summer schools at the uniform price of twenty dollars per month. 
From this action William Donald appealed to the county superintendent, who 
affirmed the action of the board. From his decision William Donald appeals. 

It is alleged by the appellant that the county superintendent erred in decid- 
ing that the board did not violate law in voting that the same amount of salary 
should be paid to the teacher in each subdistrict. It is claimed that the board 
should have provided for a higher salary in some schools of the township. 

The difficulty with appellant's counsel is that he believes the note to be a part 
of the law. My predecessor gave his own views of the employment of teachers 
and I most fully agree with him in his view. The law leaves the whole matter to 
the hoard and presumes that it will deal equitably. Unfortunately, selfishness is 
a nearly universal characteristic of human kind, and too often the majority, 
representing weak subdistricts, weak both in numbers and in property, demands 
an equal distribution of the money on hand for teachers' pay. 

The law r organizing the rural independent districts, passed in 1872, arose from 
the feeling that this selfishness was working injustice to little towns and wealthy 
and populous subdistricts. The creation of these independent districts works an 
injustice to the weaker districts, for it is proper and desirable that the wealthier 
districts should aid their weaker neighbors to sustain fair schools. 

With regard to this case, we do not see wherein the board violated law r The 
idea of prejudice is slightly apparent from the testimony, but not sufficiently to 
reverse the action of the board. That equity has not been observed seems very 
evident, for it must be presumed that a larger school population requires a better 
teacher, and if a better and more experienced teacher is needed, a better salary 
ought to be paid. There are other considerations. Usually the expense of liv 
ing is greater in the tow r n than in the country. It is also the probability that a 
larger tax is paid by the town than by the country. 

We are not able at this distance to determine whether twenty dollars is a 
sufficient compensation for the teacher of subdistrict number four of South Fork. 
But if twenty dollars is only sufficient compensation for the country subdistricts, 
it is our belief that a higher salary should be given the teacher in the town. 

It is out of our jurisdiction to give advice to the board what to do in this case, 
after determining that we have no power to reverse its action, but we suggest 
that equity would be served if it should pay the five dollars per month assumed 
by Mr. Anderson. After giving our views thus in full, we must agree with the 
county superintendent, and his decision is therefore AFFIRMED. 

C. W. vox COELLN, 

June 29, 1878. Superinti ndent of Public Instruction. 



James Jacob y et al. v. Independent District of Nodaway. 

Appeal from Adams County. 

SCHOOLHOUSE Site. A schoolhouse site fixed by county or state superintendent 

affirming the discretionary act of the board, allows the board to exercise its dis- 

ci'etion again, especially if material changes have occurred. 

Discretionary Acts. Suggestions from the electors upon matters entirely 

within the control of the board will in no manner prevent the fullest exercise of 

the discretion vested in the board by the law. 

Schoolhouse Site. The endeavor to show regard for the expressed wishes of 

the electors in the choice of a site will be an added reason in support of the action 

of the board. 

In the summer of 1877, the board located a schoolhouse site, selecting one not 
desired by a large majority of the electors, as expressed at an informal meeting 
culled by the board. An appeal was taken to the county superintendent, who 
reversed the action of the board, and in turn to the superintendent of public 



26 SCHOOL LAW DECISIONS. 

instruction, who reversed the decision of the county superintendent, thereby sus- 
taining the action of the board, on the ground that abuse of the discretion given 
by the law to the board, as charged, was not proved. 

Since the decision above referred to was rendered, a dwelling has been erected 
witbin twenty rods of the site chosen. Also, a material addition has been made 
to the district on its east side of a strip of land three miles in length and one-half 
mile in width. 

At a meeting of tbe board held April 22, 1878, it relocated the schoolhouse 
site, choosing the old site in place of the one selected by it last year. From its 
action James Jacoby and others appealed to the county superintendent, who 
affirmed the order of the board. D. Shipley and Ed. Kennedy appeal. 

This case was before us last year and we affirmed the action of the board in 
selecting the new site, sustaining the discretionary act of the board. Hence, the 
principle that a site selected by the county or state superintendent cannot be 
changed unless there have been material changes in the district, does not apply. 
There have been changes by the addition of new territory and a dwelling being 
erected within less than forty rods of the proposed site. The choice of the old 
site is in conformity with the wish of a majority of the electors, and does not 
prove any abuse of discretion, much less a violation of law The action of the 
board is sustained, and the decision of the superintendent Affirmed. 

C. W von COELLN, 

August 28, 1878. Superintendent of Public Instruction. 

L. E. Cormack v. District Township of Lincoln. 

Appeal from Adams County. 

Jurisdiction. An appeal will not lie to enforce a contract. 

Janitorial Services. If a teacher serves as janitor in sweeping the room and 

building fires, he should be paid from the contingent fund for such services. 

Mr. Vandyke, a subdirector, contracted with Mrs L. E. Cormack as teacher 
for the winter term of school. The terms of the contract included that the 
teacher was to receive twenty-five dollars per month for teaching and one dollar 
and twenty-five cents a month for building the fires and sweeping the school- 
house. The board refused to audit the full account, which would give the teacher 
pay for janitor's work, claiming that the said subdirector exceeded his authority 
in so contracting. Mrs. Cormack appealed to the county superintendent, who 
reversed the action of the board. W. C. Potter, president of the board, appeals. 

This case has evidently for its object the .securing of money on contract, and 
as section 1836 prevents county and state superintendents from rendering a judg- 
ment for money, it has been the common custom to refuse to entertain any appeal 
in which a contract is to be decided by such appeal; for this reason the county 
superintendent should have dismissed the case for want of jurisdiction. 

It may not be out of place here to state that unless a contract with the teacher 
provides that building fires and sweeping the house is included, the board can- 
not require such service of the teacher. The payment for such services should 
come from the contingent fund and should be specifically mentioned. The 
teachers' fund is not to be used for paying for janitorial services. 

Without deciding any question at issue, we are of the opinion that the sub- 
director did not exceed his authority given him by section 1753 when he agreed 
to pay a reasonable sum for janitorial services besides the twenty-five dollars paid 
under instruction from the board for teacher's services. But since we do not con- 
sider the case within our jurisdiction the decision of the county superintendent 
is reversed and the case Dismissed. 

C. W. VON COELLN, 

March 1, 1879. Superintendent of Public Instruction. 

Note — We have since learned that the teacher recovered in a suit in the courts at law. 



SCHOOL LAW DECISIONS. 27 

W. F. Rankin y. District Township of Lodomillo. 

Appeal from Clayton County 

Records The record of the secretary shall be considered as evidence, and can- 
not be invalidated by parol evidence unless there is proof of fraud or falsehood. 
TERRITORY Where territory is to be transferred by concurrent action of two 
boards to the district to which it geographically belongs, a majority of the mem- 
bers elect is not necessary, as required for the change of subdistrict boundaries. 
Appkal. The action of two boards upon a subject over which they have divided 
control constitutes a concurrent action, and appeal may be taken only from the 
order of the board taking action last. 

This appeal relates to the transfer of territory in the civil township of Cass, 
which has belonged to the district township of Lodomillo since 1856, to the town- 
ship to which it geographically belongs 

The board of the district township of Cass appointed a committee to meet a 
committee chosen by the Lodomillo board, to agree upon terms of transfer. The 
district township of Lodomillo also appointed a committee. The joint committee 
agr< id upon a report, which the board of Cass adopted September Hi, 1878. On 
the 12th day of October, 1878, the Lodomillo board, by a vote of four of the six 
members present of a board of ten, also adopted the report and accepted the 
proposition agreed to by the board of Cass. 

From the action of the Lodomillo board W. F. Rankin appealed to the county 
superintendent, who dismissed the case for want of jurisdiction, and stated that 
the action of the board was plainly in violation of the law, since section 1738 
requires a majority of the board to change the boundaries of subdistricts From 
this decision W. F. Rankin appeals. 

The secretary's transcript of the transactions of the meeting of the board of 
Lodomillo, held October 12, 1878, does not show any irregularity in the trans- 
action, does not show the number of members present, nor the number of votes 
■cast by which the motion was carried. 

According to a well established principle of law the records of any public or 
private corporation must be considered regular, and cannot be set aside by parol 
evidence, except under an allegation of fraud Based upon the evidence of the 
t ranscript the whole transaction was carried on in conformity with law, and we 
can see no reason to interfere with the action of the board If we admitted the 
testimony of M. E. Axtel, showing that only six members of a board of ten were 
present, and that four of these six voted for the transfer, we would still hold that 
said transfer was legally made. The action of the board was not a change of 
boundaries of subdistricts, but a transfer under section 1798. The territory trans- 
ferred, being part of districts organized before the law of 1858 took effect, could 
be ti-ansferred by concurrent action of the boards to the district to which it geo- 
graphically belongs, and the limitation of section 1738, requiring a majority of 
the board to change subdistrict boundaries, is not applicable to this case. 

The appeal is brought from the action of the board which concurred, and is 
therefore taken in a proper manner. For the reasons set forth the action of the 
board is sustained and the decision of the superintendent is Reversed. 

C. W. von COELLN, 

May 28, 1879. Superintend* nt <>/ 'Public Instruction. 



L. B Colburn et al. v. District Township of Silver Lake. 

Appeal from Palo Alto County. 

Evidence. To establish malice or prejudice on the part of the board, positive 
testimony must be introduced, and the evidence must be conclusive. 
Cocnty Superintendent. A county superintendent should not ask the state 
superintendent to decide a case on appeal for him, but may ask for an inter- 
pretation of law, either by the state superintendent, or through him, by the 
attorney-general. 



28 SCHOOL LAW DECISIONS. 

On the 25th day of August, 1879. the board fixed the location of a schoolhouse 
on the old site From this order L. B. Colburn and others appealed to the county 
superintendent, who affirmed the action of the board, and from this decision the 
same parties appeal. 

Among the errors enumerated, the appellants urge that the county superin- 
tendent erred in holding that the board was not actuated by passion or prejudice. 
We fail to find any evidence establishing the existence of such malice or prejudice 
on the part of the board. Appellants also claim that the county superintendent 
erred in basing his decision on the verbal opinion of the state superintendent, 
given prior to the hearing of the case. 

This affords an opportunity of censuring a practice quite common among 
county superintendents to ask the superintendent of public instruction for his. 
opinion in an appeal which is pending. We have made it a universal practice to 
refuse answers upon the questions involved in the particular case, and have given 
only general principles which should govern county superintendents in determin- 
ing cases of appeal. These general principles are so well established that an 
intelligent county superintendent ought to be familiar with them. 

We advised the county superintendent in this case not to measure the respec- 
tive distances of the different locations from the geographical center, before the 
trial of the appeal. 

It is proper for a county superintendent to ascertain the interpretation of 
points of law, by securing an opinion from this department, or from the attorney- 
general through this department. 

Without fully determining the merits of the respective locations, we must 
hold that the board did not abuse its discretion sufficiently to warrant inter- 
ference. The appellants failing to prove malice or prejudice on the part of the 
board, its order should stand, and the decision of the county superintendent 
affirming its action is Affirmed,, 

C. W. von COELLN, 

March 30, 1880. Superintendent of Public Instruction. 



Wm. Bartlett v. District Township of Spencer. 

• Appeal from Clay County. 

Appeal. May be taken by any resident aggrieved by an action of the board. 
Boundaries. Must conform to congressional divisions of land. 
Schoolhouse Site. Proper location of, depends upon form of subdistrict. 
Territory. All territory must be included within some school district. 

On the 22d day of October, 1881, the board adopted the report of a committee 
locating a site for a schoolhouse in subdistrict number nine on the southeast 
corner of the southeast quarter of section twenty-one. From its order, William 
Bartlett appealed to the county superintendent, who reversed the action of the 
board and located the site on the northwest corner of the northeast quarter of 
the southeast quarter of section twenty-one. C. F. Archer appeals. 

The counsel for the appellants files a motion to dismiss the appeal on the 
ground that persons not parties to the hearing below are debarred from appealing 
to the superintendent of public instruction. It has been repeatedly held that any 
person aggrieved may prosecute an appeal from the decision of the county super- 
intendent, unless the right of appeal has been waived by previous agreement. 

The subdistrict in which the location was made was formed by action of the 
board at the regular meeting in last September. The boundaries fixed by the 
board at that time, as shown by the plats in evidence, are the Little Sioux river 
and Prairie creek on the north, east and south, and the half section line running- 
north and south through sections eighteen, nineteen, thirty and thirty-one, as 
the western boundary. 



SCHOOL LAW DECISIONS. 29 

It is shown by the plat that the half mile strip on the western side of the sub- 
district is supposed not to belong to subdistrict number nine, and it is stated by 
the county superintendent that this territory is supposed to be temporarily 
attached to the adjoining township for sehool purposes. We are compelled to 
notice this irregularity of boundaries, sinee the proper location of any school- 
house obviously depends largely upon the form and extent of the territory for 
which the house is designed. Section 1796, providing for the creation of subdis- 
bricts and for subsequent alterations in their boundaries, contains the following' 
ii Provided that the boundaries of subdistricts shall conform to the lines of con- 
gressional divisions of land." When government lines follow large streams, 
or other bodies of water, a division is sometimes formed containing less than 
forty acres; but unless such exception applies, the smallest congressional division 
is the one-sixteenth of a section, or forty acres in a square form. In fixing the 
boundaries of subdistricts no smaller subdivision can be made, and a forty-acre 
tract must be included in the subdistrict, or excluded, as a whole. 

The only provision of law by which the half mile strip could be attached to 
the adjoining district township, is found in section 1797. The transfer can be 
made only when natural obstacles intervene. It is apparent from the plats in 
evidence that no large unbridged stream, or any other natural obstacle, exists. 
Hence we must conclude that it is the duty of the board of directors of the district 
township of Spencer to provide that the strip in question shall be a part of some 
subdistrict. It seems probable that a portion of the territory referred to will 
naturally fall to subdistrict number nine. The county superintendent appears to 
have presumed that the subdistrict would ultimately include all the territory to 
the township line. That the territory does belong to the district township of 
Spencer, unless it has been attached to the adjoining township, in accordance 
with section 1797, there can be no question. Such being the facts in this case, 
and the evidence disclosing that the board did not exercise that care in selecting 
a site which is desirable when so many interests are involved, we are disposed to 
remand the case to the board, with the suggestion that it adjust the boundaries 
of the subdistrict, and determine upon some other site than the one chosen by it, 
with the intention to furnish the best accommodation to all parties. 

Reversed and remanded. 
J. W. AKERS, 

February 15, 1882. Superintendent of Public Inst met ion. 



J. D. Handersheldt v. District Township of Des Moines. 

Appecd from Jefferson Coicnty. 

Discretionary Acts. Abuse of discretion is not established by testimony show- 
ing that a different action would have been preferred by the electors. 
District Organization. The county superintendent has no jurisdiction to 
determine the validity of district organization 
Testimony. To be legal must be given under oath. 
Boundaries. Of subdistricts, changed between September and March. 
Majority Vote. Of whole board required to change subdistrict boundaries. 

A petition was presented to the board asking that certain territory in Des 
Moines township be set aside to form, in connection with territory to be obtained 
from the independent district of Liberty number eight, a new subdistrict to be 
known as subdistrict number nine, Des Moines township, The board acted on 
this petition and made the following order: "In the matter of the petition of 
•1. D. Handersheldt and Silas Pearson, asking for the formation of a new sub- 
district to be known as number nine, in the district township of Des Moines. All 
the territory within the boundary lines therein described, is hereby granted, pro- 
vided sufficient territory be granted by the independent school district of Liberty 



30 SCHOOL LAW DECISIONS. 

number eight, to make a suitable and convenient subdistrict as to the amount of 
territory and the number of children of school age; and provided, that in case the 
territory is not granted by said independent district of Liberty number eight,, 
then said territory hereby granted shall remain and be a part of subdistrict num- 
ber five, of the district township of Des Moines. " 

On the 28th day of April, 1882, the board of the district township of Des. 
Moines, at a special meeting, adopted the following resolution: "It is hereby 
ordered that all action heretofore taken by the board of the district township of 
Des Moines, in the formation and organization of subdistrict number nine, in the 
above named township, is hereby rescinded. " From this action of the board, 
J. D. Handersheldt appealed to the county superintendent, who upon hearing the- 
case on appeal rendered the following decision: "A resolution passed rescind- 
ing an action which has not as yet taken effect, is legal, but so far as it concerns, 
formation and organization which is already completed, it is illegal. " From 
this action or decision of the county superintendent, J. D. Handersheldt appeals. 

It appears from the transcript of the county superintendent that the witnesses. 
were not sworn A failure to take testimony under oath is fatal to the case, even 
though from its nature it came properly before the superintendent on appeal. 

A brief examination will be sufficient, we think, to show that this action should 
have been dismissed by the county superintendent for want of jurisdiction, since 
no appeal will lie when the validity of district organization is involved. 

This appeal was taken from the action of the board to the superintendent, for 
the purpose of determining whether or not the board erred in rescinding its. 
former action creating subdistrict number nine. There was very little evidence 
bearing on this, the sole issue in the case. Witnesses simply stated that they 
were or were not in favor of subdistrict number nine. 

Such testimony can have no bearing in an action to establish error on the part 
of the board. Appellants set forth in their affidavit that the county superintend- 
ent erred, in that he refused to admit testimony to show that there never had 
been any legal organization of subdistrict number nine. We think such evidence 
was properly excluded, and yet it is necessary, to enable any tribunal to arrive at 
a decision of the case; for if the district was organized according to law, then the 
board committed error in making - an order which operated to discontinue it, and 
hence to change boundaries of subdistricts at a time of year in which, according- 
to our holding, it cannot be done. Upon the presumption that the district was. 
legally organized, it committed error by making a change of subdistrict bounda- 
ries without a majority of the whole board. 

It must therefore be determined whether the conditions upon which the board 
of Des Moines township granted the territory, were fulfilled, or, in other words, 
it must be known whether or not the independent district number eight, of Lib- 
erty, concurred in the transfer of the territory. But neither the county superin- 
tendent nor this department is competent to determine the legality of a district 
organization, and it is therefore impossible for us to decide whether or not the 
board committed error. 

The remedy is an application to a court of law for mandamus to compel the 
board to recognize the subdirector of subdistrict number nine, as a school officer 
and member of the board of the district township of Des Moines. Were the issues 
involved within our jurisdiction, we would not hesitate to consider them, but as 
no question of such a nature is connected with the case it is Dismissed. 

J. W. AKERS, 

November 2, 1882. Superintendent of Public Instruction. 



Appleton Park v. Independent District of Pleasant Grove. 

Appeal from Des Moines County. 

Records. The official record is its own best evidence. Testimony intended to 
contradict the record should not be admitted. 



SCHOOL LAW DECISIONS. 31 

Records. Records not made and certified to by the proper officers as required 
by iaw are defective and may be impeached by collateral evidence. 
Teacher. The law provides that a teacher shall have a fair and impartial trial, 
with sufficient notice to enable him to rebut the charges of his accusers. 
Charges. Must be clearly sustained by the evidence. 

Appleton Park was duly engaged and contracted with. He began teaching on 
the 4th day of September, 1882; after some ten or eleven days had expired, during 
which time he had taught the school, he was waited upon by the entire board, 
called to the door and informed that certain rumors were being circulated, to the 
effect that he had been guilty of using obscene and vulgar language in the pres- 
ence of his pupils, and during regular school hours. The board called at the 
schoolhouse again about the hour for closing the school in the afternoon, and the 
school having been dismissed, it proceeded to examine three of the boys as to the 
truth of the charges above referred to. The result of this action was that the 
teacher left the school and the board employed another teacher. Mr. Park 
appealed to the county superintendent, who reversed the action of the board, 
whereupon D. L. Portlock, president of the board, appeals. 

The principal difficulty presented in this case seems to be to determine just 
what that action or order of the board was from which the appeal was taken 
The transcript filed by the secretary of the board, is as follows: "Complaint 
being made by some of the scholars to the school board, in regard to the teacher, 
Appleton Park, using indecent, rough and insulting language during school time, 
the board met at the schoolhouse to make an investigation The board stated 
the above charges to the teacher, Appleton Park, who after reflecting upon the 
matter, proposed his resignation to the board. The board, after due considera- 
tion, accepted the same. The question being settled in the above way, and no 
other business before the board, the board then adjourned." 

The parol evidence of Appleton Park was admitted to offset and impeach the 
record. This was clearly in violation of well established law, if the record was 
really what it purported to be, a true and authenticated copy of the proceedings 
of the meeting of the board referred to. 

Starkie On Evidence, says: '"Where written instruments are appointed, either 
by the immediate authority of law, or by the compact of the parties, to be the 
permanent repositories and testimony of truth, it is a matter both of principle 
and of policy, to exclude any inferior evidence from being used, either as a 
substitute for such instruments, or to contradict or alter them; of principle, 
because such instruments are in their own nature and origin entitled to a much 
higher degree of credit than that which appertains to parol evidence; of policy, 
because it would be attended with great mischief and inconvenience if those 
instruments upon which men's rights depend were liable to be impeached and 
controverted by loose collateral evidence." Starkie, part IV, p. 995, Vol III, 3d 
Amer. Ed. 

The fact that the transcript referred to is not certified to by the secretary, 
and the further fact that he was not present at the board meeting in question, 
Mnd wrote the minutes as dictated from memory by the president of the board, 
three days after the meeting, fully justified the superintendent in ruling it out 
and in admitting parol evidence. 

We come now to consider whether the trial before the board was such a pro- 
ceeding as is required by section 1734. The board called in the morning and 
informed the teacher of the charges preferred against him, whereupon he offered 
to resign. It instructed him to proceed with his school and stated that it would 
return in the evening During the day the board worked up its case against the 
teacher, while he was so employed as to prevent him from giving thought or 
attention to the charges, or to the preparation of any adequate defense. 

We must sustain the superintendent in finding that the trial and opportunity 
to defend was not what the law intends every teacher shall have. Every teacher 



32 SCHOOL LAW DECISIONS. 

is entitled to the sympathy and support of the school board, and where there is 
any reasonable doubt as to the truth of stories circulated by school children, the 
teacher should have the benefit of such doubt. We believe that had the board 
been in sympathy with the teacher in this instance, it would have decided that 
the charges were not sustained by the evidence, at least by any evidence which 
appears of record. That the teacher offered to resign in the evening does not 
appear from the evidence offered in behalf of the board, while it does appear 
that at least one member of the board told him "he had better quit." 

We are compelled to hold that the teacher was dismissed, and that in doing so 
for no sufficient reason the board erred, and the decision of the county superin- 
tendent is therefore Affirmed. 

J. W. AKERS, 

February 16, 1883. Superintendent of Public Instruction. 



Note— Our supreme court rendered a decision regarding the measure of damages resulting 
trom the wrongful discharge of this teacher. The opinion is found in 65 Iowa, 209. 



J. L. Marshall et al. v. District Township of Marshall. 

Appeal from Louisa County. 

SUBDISTRICT. The board may not redistrict so as to abolish a subdistrict, with 
the manifest intent to prevent the building of a house provided for by the electors 
Schoolhouse Taxes. Must be certified, collected, and expended, in accord- 
ance with the vote of the electors. 

,On the 22d day of February, 1886, the board ■ abandoned subdistrict number 
four, and transferred its territory in parcels to adjoining subdistricts. J. L. 
Marshall et al. appealed to the county superintendent, who reversed the order of 
the board N W Mackay, president of the board, appeals. 

It is unnecessary to consider the real merits of this case. The board must be 
reversed upon the ground that at the meeting of the electors of subdistrict num- 
ber four, held in March, 1885, a tax of $300 was voted to build a schoolhouse in 
said subdistrict number four. It appears in evidence that this tax was voted, 
properly certified by the district board and levied by the board of supervisors, 
and that a portion, at least, has been collected. It is not competent for the board 
to defeat a vote of this kind by districting the subdistrict out of existence. The 
money must be expended in accordance with the vote, and the house must be 
built. Whether or not any of the tax has been collected is not material. It must 
be collected and expended by the board as directed by the people. The case of 
Benjamin v. District Township of Malaka et al., 50 Iowa, 648, is applicable here. 
The only point of difference being that in the case cited the tax had been col- 
lected before action was had by the board 

In this case a part only of the tax has been collected, but as stated, this is not 
material. The equities of this case may be with the board, but the action of the 
electors in voting to build a house in subdistrict number four, and in providing 
the means, will bar the board, and any act calculated to avoid its mandatory duty 
is a violation of the law A.FFIRMED. 

J. W. AKERS, 
September 16, 1886. Superintendent of Public Instruction. 



J. B. B. Baker v. Independent District of Waukon. 

Appeal from Allamakee County. 

Rules and Regulations. In establishing and enforcing regulations for the 
government of scholars the board has a large discretion, 

On the 7th day oi June, 1886, Maud Baker was suspended for repeated viola- 
tion of a rule of the board, known as rule five, which reads as follows: "Any 



SCHOOL LAW DECISIONS. 33 

scholar who shall be absent five half-days in four consecutive weeks, without any 
excuse from parent or guardian satisfactory to the teacher that the absence was 
caused by said pupil's sickness, or by sickness in the family, or, in the primary 
grades, by severity of the weather, shall forthwith be suspended. No pupil so 
suspended shall be reinstated without a permit from the principal." . 

Rule twelve provides that the principal of the school may suspend pupils 
temporarily, and that he shall immediately notify the parent or guardian of a 
suspended child of such suspension, the notice to be in writing, and furthermore, 
that he shall immediately inform the board of his action. 

Maud Baker was absent without excuse, and when called to account for her 
absence stated that she had gone on a fishing excursion, and expected to go the 
week following. Having failed to render a satisfactory excuse, she was sus- 
pended, as above stated. Notice in writing was sent to the parent, as required by 
rule five, and the board informed of the suspension. The board approved the 
•action of the principal. J. B. B. Baker appealed to the county superintendent, 
who reversed the action of the board. D. W. Reed appeals. 

The facts in this case are not controverted. It appears in evidence that the 
suspension of Maud Baker was reported to the board, and that a special meeting 
of the board was held for the consideration of the act of the principal. Maud 
Baker was present at this meeting of the board, and the president testifies that 
he read to her the rule under which she had been suspended, and asked her to 
give the board some promise of amendment in the future, as a condition of rein- 
statement, and she replied that she would not make any promise for the future, 
and expected to go fishing the following week. 

The county superintendent finds that the suspension was made in compliance 
with the rules of the board for the government and regulation of the schools, and 
that the act of the principal in suspending, and of the board in approving his 
action, was without prejudice or malice. The board was reversed on the ground 
that the law does not confer upon the principal, or the board, power to suspend 
for the cause for which Maud Baker was suspended. 

The case turns, therefore, upon the power of the board to establish and enforce 
a rule providing for the suspension of pupils, who are absent a given number of 
days, or half-days, without a satisfactory excuse. This point has been fully dis- 
cussed and settled by our supreme court in the case of Burdick v. Babcock, 31 Iowa. 
•562, and need not be considered here. Murphy v. Independent District of Marengo 
has been cited, but does not apply, as in that case it is stated that the offense for 
which the pupil was dismissed was not in violation of any rule or regulation. 

We are compelled to overrule the decision of the county superintendent, and 
to sustain the action of the board. Reversed. 

J. W. AKERS. 

October 23, 1886. Superintendent of Public Instruction. 



James Tompkins v. Independent District of Keystone. 

Appeal from Page County. 

SCHOOLHOUSE Site. It is manifestly unwise for the electors to express any 
preference for a site, by a vote. The remedy of any one aggrieved by the action 
of the board is appeal. 

SCHOOLHOUSE Site. The board is bound to take into account any special reasons 
existing which favor a particular location, and a vote of the electors to expend 
schoolhouse funds in a certain specified manner, may not be disregarded. 
SCHOOLHOUSE Site. A village in a subdistrict has special claims favoring the- 
selection of a site within its limits. The element of distance to be traveled by 
some is largely overcome by the advantages of a location in the town. 
SCHOOLHOUSE Site. A suggestion from the electors should be given such 
weight as there is value in the reasons upon which the expressed wish of the elec- 
tors is based. 



34 SCHOOL LAW DECISIONS. 

On the 24th of May, 1886, the board located the new schoolhouse upon the site 
of the old house. At the meeting of the electors on the 12th of March, 1884, the 
sum of one thousand dollars was voted to build a schoolhouse in Page Center. 
The board regarded the designation of the site as advisory only, and located the 
house one-half mile from Page Center. James Tompkins appealed to the county 
superintendent who found that the board had violated law, and for this reason 
reversed its action. G. W. Stanage appeals. 

Section 1724 confers upon boards the power to locate schoolhouse sites. If, 
however, the location of the schoolhouse is coupled with and designated in the 
vote to build, the house must be built in accordance with the vote. The transcript 
of the record filed by the secretary contains this statement: "Voted a tax of one 
thousand dollars for the purpose of building a schoolhouse in Page Center." 

While any attempt on the part of the electors to designate the precise location 
of a schoolhouse site would be an unwarranted assumption of power, nevertheless 
a vote to build a house in a certain village or town plat, in connection Avith the 
vote to appropriate money for that purpose, we think so far concludes the board 
as to location as to require the selection of a site within such specified limits. 
Any other holding would open the way to fraud and deception. We are com- 
pelled uo hold that the board, should have selected a site in Page Center. The 
decision of the county superintendent is Affirmed. 

J. W. AKERS, 

November 1, 1886. Superintendent of Public Instruction. 



A.. J. Hosington v. District Township of Union. 

Appeal from Madison County. 

Appeal. Failure to file the transcript within the time mentioned in the law will 
not invalidate the apjDeal. 

Mandamus. Is the method of compelling the performance of an official duty 
mandatory in its character. 

Additional School. It is the intention of section 1725 that an attendance of 
at least ten scholars may reasonably be expected. 

It appears that at the regular meeting of the board held September 19, 1887, 
E. O. Storrs and others presented a petition for an extra school for their con- 
venience. On motion said petition was taken up and granted. From this action 
A. J. Hosington appealed to the county superintendent, who heard the case in 
due form, reversing the action of the board. E. O. Storrs and others appeal. 

Counsel for appellant urges as error that the district secretary failed to file 
his transcript of the record within the ten days required by section 1832. The 
appellants claimed that the county superintendent had, on this account, lost- 
jurisdiction, and moved to dismiss the case. The county superintendent over- 
ruled the motion. Did he commit an error in so doing? We think not. It is 
true as alleged by appellants that after the expiration of the thirty days mentioned 
in sections 1830-1835, the county superintendent cannot entertain an appeal. The 
action referred to in these sections lies within the choice of the aggrieved party, 
the law grants him thirty days within which to make his election. The action 
referred to in section 1832 is mandatory upon the secretary, he has no choice, he 
cannot elect one of two courses of action. If he fails to do his duty within the 
prescribed time a writ of mandamus may compel him to act. But in no case does 
his failure to produce the transcript invalidate the appeal or lessen the duty of 
the county superintendent to proceed in the case. 

Did the county superintendent err in taking into account the financial co , ~ 
dition of the district township? We cannot admit that he did. While the wanb 
of funds will not excuse a board from maintaining schools, this department has- 
held that the financial conditions should be considered in ordering an extra, 
school. In this case the secretary testifies that the funds available will not more, 
than meet the expenses of the seven schools now in session. 



SCHOOL LAW DECISIONS. 35 

The original petition shows twelve pupils of school age for whose accommo- 
dation the school is desired. This department has held that the intention of the 
present section 172.") is that there must be a probable attendance of ten to warrant 
the board in establishing an extra school. What are the facts in this case us 
gathered from the evidence? One child included is two years old. In a family 
having five of school age but three are at home. One of the others is a grad 
of the Winterset high school, and the other is an attendant at the same school. 
The probable attendance in the extra school would be only four or five. 

Under all the circumstances we believe the board did not act with due db 
tion, and that the county superintendent was fully justified in reversing its 
action. The decision of the county superintendent is therefore AFFIRMED. 

HENRY SARIN. 

February 22. 1888. Superintendent of Public Instruction. 



N. R. Johnston v. District Township of Utica. 

Appeal from Chickasaw County. 

Mandamus. To compel the performance of an official duty, appeal sometimes 
consumes valuable time. Mandamus is often a more speedy and better remedy. 
Discretionary Acts. Action by the board unduly delaying the final consider- 
ation of an important matter, may be regarded as an evidence of prejudice. 

The issues involved in this case were the formation of a new subdistrict to be 
known as number twelve, and the providing for a school during the winter of 
1887-8, pending the election of subdirector for the new subdistrict. The case 
came in due order to the county superintendent on appeal, and from his decisis m 
the board appeals. 

At its meeting on the 19th of September, 1887, the board had before it a peti- 
tion signed by Caleb Boylan and others, to redistrict number two, and to form a 
new subdistrict. After various motions it was voted to adjourn to the second 
Saturday in February, 1888, to consider said petition. Appeal was taken to the 
county superintendent. 

At the trial before that officer, October 27, 1887, and adjournedto October 31. 
a motion was made to dismiss the case, on the ground that the matter was still 
pending before the board, as no final action had been taken by that body. The 
motion to dismiss was overruled, and the county superintendent proceeded to hear 
the case. Did the county superintendent commit an error? We think not. 

Without impugning in any way the. motives of the board, its action in adjourn- 
ing to a date as late as the second Saturday of February, was calculated to delay 
and defeat the prayer of petitioners. The aggrieved parties had an undoubted 
right to appeal, but we regret that they did not avail themselves of the more 
speedy remedy of resorting to the courts. A writ of mandamus would undoubt- 
edly issue in such a case, compelling the board to perform its enjoined duty. 

A motion to dismiss on the ground that there was no evidence to show that the 
board acted with passion, prejudice, or injustice, was also very properly over- 
ruled. The action of the board delaying the whole matter until the second 
Saturday of February, 1888, was in our opinion an act of manifest injustice, which 
the superintendent very properly took into account in making his decision. 

The county superintendent reversed the action of the township board and 
ordered the new subdistrict, number twelve, to be formed, with an extra school 
for the winter of 1887-8, in accordance with the prayer of the petitioners. Ought 
his decision to be sustained? 

A careful review of the evidence in the case, including the plat "exhibit A." 
shows that the township of Utica is divided into eleven subdistricts, some of them 
very large and irregular in shape. A better division than that proposed by the 
formation of the new subdistrict. number twelve, can possibly be made. The 



36 SCHOOL LAW DECISIONS. 

county superintendent, however, provides for this, as his decision does not pre- 
vent any changing- of the boundaries of subdistrict lines, if necessary to facilitate 
the school privileges of the township. 

A new subdistrict is needed to furnish reasonable school facilities for the 
children in that neighborhood, and so far as ordering the new subdistrict, to be 
known as number twelve, is concerned, the decision of the county superin- 
tendent is Affirmed. 

HENRY SABIN, 

March 15, 1888. Superintendent of Public Instruction. 



N. R. Johnston v. District Township of Utica. 

Appeal from Chickasaw County. 

Application for a Rehearing. 

Rehearing. To justify the granting of a new trial, a reasonable doubt must 
arise in the mind of the officer to whom application is made, as to the absolute 
correctness of his former conclusions. 

Comes now the appellant, the district township of Utica, and asks for a rehear- 
ing of the above case. 

The acts of a board are recognized as mandatory or discretionary. When 
they are mandatory, and the board acts in accordance with the law, the aggrieved 
party has no remedy whatever; when they are discretionary the aggrieved party 
has a remedy in an appeal, which may be taken eventually to the superintendent 
of public instruction, whose decision is final. 

Now, to say that the discretionary acts of a board must be sustained because 
they are discretionary, destroys the right of appeal and takes away the last 
remedy of the aggrieved party. The action of the board should be sustained, 
unless it acts through passion, prejudice, or manifest injustice. Who is to decide 
whether its action is an abuse of discretionary power? Surely not the board, nor 
the aggrieved party. 

The question is one upon which the county superintendent may be called to 
pass, and from. his decision an appeal may be taken to the superintendent of pub- 
lic instruction. If the county superintendent in the discharge of his duty deter- 
mines that the board has abused its discretionary powers, he has power to reverse 
its action, and this department should affirm his decision if his conclusions are 
found to be correct. 

In the present case the board, at the meeting on the 19th of September, 1887, had 
before it a petition asking for the formation of a new subdistrict, and a school 
during the winter of 1887-8. It postponed the consideration of said petition until 
the second Saturday in February, 1888. The aggrieved parties had their choice 
between two remedies. They could apply for a writ commanding the board to 
act, or they could appeal to the county superintendent. They chose the latter; 
they could have chosen the former. See case of Crookshanh v. District Township 
of Maine, School Law Decisions 1888, page 88. Also 35 Iowa, 445, and 71 Iowa, 
632. It is not claimed that the writ could control the action of the board, but it 
could compel it to act in the premises. See Hightower v. Overhouser et al., 65 Iowa, 
350, Albin et al., v. Board of Directors of West Branch, 58 Iowa, 77, and Case v. Blood 
et al., 71 Iowa, 632. 

The attorneys for the board cite the case of Marshall v. Sloan, 35 Iowa, 445, in 
support of their position. In that case the board acted, it rejected the petition 
and its action was a matter of record. In the case under consideration the board 
postponed action in such a way as to delay and possibly defeat the purpose of the 
.petitioners. In the present case the county superintendent reversed the action 
■of the board, because of the injustice done to one party through the delay in its 
action, and also did only, on appeal, what the board had power to do. 



SCHOOL LAW DECISIONS. 37 

Upon reviewing' the case carefully the second time we find that the county 
superintendent reached a correct conclusion as to the action of the board, and 
nowhere exceeded his authority. The application for a rehearing is denied. 

HENRY SABIN, 

March 20, 1888. Superintendent of Public Instruction. 



Jacob Deck ct al. v. District Township of Eden. 

Appeal from Decatur County. 

Subdistrict Boundaries. A case involving a change of subdistrict bounda- 
ries, having been adjudicated by the county superintendent reversing the action 
of the board, and being affirmed by the superintendent of public instruction, can- 
not again be brought upon appeal, unless it can be shown that some change 
materially affecting the conditions of the case has taken place since the date of 
the former decision. 

Subdistrict Boundaries. In changing subdistrict boundaries, both the present 
and the future welfare of the district township should be considered. 
Subdistrict Boundaries. A subdistrict long established, embracing a terri- 
tory having a sufficient number of scholars to maintain a good school, should not 
be abolished, unless the general school facilities of the township will be improved 
thereby. 

On the Pith day of September, 1887, the board voted to abolish subdistrict 
number eight. Jacob Deck and others appealed to the county superintendent, 
who on the 5th day of December rendered a decision reversing the action of the 
township board, and the board appeals. 

The counsel for the directors urged in their written argument that the countj 
superintendent should be required to send up to this department all the testimony 
taken in the trial before her. It was certainly the duty of the county superin- 
tendent to send up all the testimony upon which she based her decision. In the 
absence of any proof to the contrary, the presumption is that the transcript fur- 
nished by her contains all the testimony on file in her office. There is no proof 
offered that she has not complied with the law in all respects. 

On the 2Uth day of December, 1885, the county superintendent rendered a 
decision reversing the action of the board in abolishing subdistrict number eight. 
As no material changes have taken place since then, in the condition of the town- 
ship, does that former decision act as a bar to any further proceedings in this 
case? We think not. 

The principle enunciated here is undoubtedly correct. A case involving a 
change of subdistrict boundaries, having been adjudicated by the county superin- 
tendent reversing the action of the board, and being affirmed by the superin- 
tendent of public instruction, cannot again be brought upon appeal, unless it can 
be shown that some change materially affecting the conditions of the case has 
taken place since the date of the former decision. In this case, however, the 
decision of the county superintendent cannot act as a bar to further proceedings, 
because the district board did not take an appeal. Such proceedings cannot be 
considered as final in such a sense until they have been affirmed by the superin- 
tendent of public instruction. 

It is urged that the county superintendent erred in taking into consideration 
the distance which many of the pupils must travel in order to reach their school, 
if the action of the township board abolishing subdistrict number eight, is affirmed. 
The law does not contemplate that one and one-half miles is in all cases an 
unreasonable distance. It depends largely upon the age of the pupil and upon 
the condition of the roads In the case before us a natural obstacle, the Little 
Turkey river, must be taken into consideration. The opening of additional roads 
and the construction of a bridge would simplify matters somewhat, but no steps 
have been taken to accomplish this. Until this is done, to abolish the school in 
number eight would impose an undue hardship upon a large number of pupils. 



38 SCHOOL LAW DECISIONS. 

What are the conditions of the school as at present constituted? The report 
of the secretary put in evidence, shows that the school in number eight will 
average with other subdistricts in the number of pupils enrolled; it is above the 
average in daily attendance, and below the average in cost of tuition. The board 
fails to show that reduced numbers render it expedient to abolish this subdistrict. 
nor does it show that the township is excessively taxed to support its schools. 

This department has already ruled that subdistrict lines, which have been 
long established, embracing a territory having a sufficient number of pupils to 
maintain a good school, should not be disturbed, unless it can be proved that the 
general school facilities of the township will be improved by the change. 

The board does not show that there is any general benefit to be expected from 
the proposed change of boundaries, nor does it prove that any existing necessity 
makes it desirable. The board undoubtedly intended to act fairly toward all, 
but we think it failed to properly consider all the circumstances involved in its 
action. The decision of the county superintendent is therefore Affirmed. 

HENRY SABIN, 

March 16, 1888. Superintendent of Public Instruction. 



J. S. Folsom ct al. v. District Township of Center. 

Appeal from Cedar County. 

PREHEARING. To warrant a rehearing, some valid reason must be urged. 
Testimony. Sufficient latitude shoiild be allowed in the introduction of testi- 
mony to permit a full presentation of the issues involved, even if irrelevant 
testimony is occasionally admitted. 

Schoolhouse Site. Every dwelling-house must be taken into account, as some 
one entitled to school advantages may hereafter reside there. 

Schoolhouse Site. When it is the evident intention of the board to relocate 
the site as near as possible in the center of the subdistrict, in order to furnish 
equal school facilities to all the residents, its action should not be materially 
interfered with. 

The transcript in this case shows that on the 21st day of March, 1887, at a 
meeting of the board, a committee was appointed to investigate the needs of sub- 
district number two and report at the meeting in September. It further shows 
that on the 19th day of September, 1887, such committee reported, recommend- 
ing that the new house be built for said subdistrict, to be located in the center of 
the district. The report was received and the committee discharged. The 
report was also upon motion, laid upon the table. 

On the 19th day of March, 1888, at a meeting of the directors, the above report 
was finally adopted and a building committee was appointed to confer with the 
county superintendent in regard to plans and specifications. From this decision 
of the board Folsom et al. appealed to the county superintendent, and the case 
was heard at Tipton on the 9th day of April, 1888. The records in the county 
superintendent's office show that the appellee consented to the filing of an amend- 
ment to the affidavit by appellant, and that the appellee filed a motion to modify 
the decision of the board, and the trial then proceeded. On the 11th day of April 
the county superintendent filed a decision reversing the action of the board. On 
the 17th day of April, 1888, a motion was filed for a rehearing, within the time 
given by the county superintendent. On the 19th day of April, 1888, the motion 
for a rehearing was argued before the county superintendent and overruled. 
From the decision of the county superintendent the board appealed to the super- 
intendent of public instruction, and the whole case came up on a hearing before 
him on the 5th day of June, 1888. 

The first question to be decided is: Did the county superintendent err in over- 
j ruling the motion for a rehearing? A rehearing of such a case can be granted 
only when it can be shown that some injustice has been done, or some mistake 
has been made which can be corrected by a new trial; or when some additional 



SCHOOL LAW DECISIONS. 39 

evidence has been discovered which is in favor of the party applying, but which 
could not have been presented before by reasonable diligence. The affidavit upon 
which the motion for a rehearing was based failed to show any such reasons. All 
the main points alleged therein had already been ruled upon by the county super- 
intendent, and we think she did not commit any error in ovenmling the motion. 
This also disposes of all the testimony sent up in support of the motion for a 
rehearing, these affidavits will not be taken into account in the final decision. 

It is not necessary here to determine the legal residence of William Busier. 
His own testimony is that the distance from his residence to the site selected by 
the board is one and one-fourth miles The fact that Mrs. Morgan does not desire 
to send to school is not material. It is not the individual but the residence that 
is to be considered. Some other person living at the same place may hereafter 
desire school privileges. 

We are now free to approach the main question upon which issue is joined. 
The testimony shows that the directors desired to relocate the schoolhouse in 
subdistrict number two in a more central location, no other reason is assigned for 
the contemplated removal. There is nothing to show that the present site is 
unsuitable, except that it does not well accommodate the pupils from the north- 
ern part of the district. . In this determination to relocate the site near the cen- 
ter, there is no evidence of any abuse of discretion on the part of the board and 
we think its action should not be interfered with. 

There is, however, evidence which shows that the exact acre which the com- 
mittee staked out is not a desirable site for a building. The board itself acknowl- 
edges this in its amended order by which the site is removed ten rods north. 

The county superintendent, in her decision, locates the site upon a piece of 
ground known as the "grave-yard site." It is urged that the county superinten- 
dent has only appellate jurisdiction, and must therefore confine her decision to 
the two sites upon which the parties joined issue. She seems to have entertained 
some such idea, as she sustained a motion to rule out all testimony in regard to 
the unsuitableness of the grave-yard site when such evidence was offered in the 
original trial. Y\ T e think that such evidence should have been admitted. 

In April, 1866, the Hon. O. Faville, then superintendent of public instruction, 
obtained this opinion from Hon. F. E Bissell, then attorney-general: "The case 
does not come before him (the county superintendent) merely to correct an error 
of the board of directors, but to hear and decide the same matter that the board 
had decided. The county superintendent is not limited to an affirmance or rever- 
sal of the action of the board, but he determines the same question that the board 
determined." See also John Clark >\ District Township of Wayne, page 47, School 
Law Decisions of 1876. 

To this opinion the decisions of this department have always conformed. The 
county superintendent therefore did not go beyond her jurisdiction in selecting a 
site different from any which had been considered by the board. 

We cannot see, however, that the grave-yard site has any advantage over the 
old site. It is irregular in shape, and is about as far north of the center of the 
subdistrict as the present site is south. In fact, its selection as a site for the new 
building defeats the very end which the board had in view in its action locating 
the site in the center of the subdistrict. 

The case is remanded to the board, with instructions not to build upon the 
site selected by the committee, but to select the best site possible within a dis- 
tance not more than forty rods from the center of the site staked out by the com- 
mittee; the south corner of said site, however, to be at least fifteen rods north of 
the south corner of the committee's site; said site also to contain not less than an 
&cve, and to be as nearly square in form as the circumstances will admit. The 
decision of the county superintendent is Reversed. 

HENRY SABIN, 

June 7. 1888. Superintendent of Public Instruction. 



40 SCHOOL LAW DECISIONS. 

P. O'Connor, Jr., v. District Township of Badger. 

Appeal from Webster County. 

JURISDICTION. In most matters with which boards have to do under the law. 
their authority and responsibility are absolute, and their jurisdiction is complete 
and exclusive. 

Jurisdiction. A former order of the board, or a decision of the county superin- 
tendent on appeal, will not operate to prevent the board from exercising its dis- 
cretion anew, when good reasons exist for such action. 
Rehearing. To obtain a rehearing the necessity must be clearly shown. 
Discretionary Acts. In the exercise of discretion, the benefit of every reason- 
able doubt must be given in favor of the correctness of official acts. 
Appeal. The hearing is not to be conducted by a rigid adherence to the tech- 
nical forms and customs which prevail in the courts. 

At a special meeting of the board held February 10, 1888, it was voted to- 
remove the schoolhouse in subdistrict number seven, forty rods north from its 
present site. P. O'Connor, Jr., appealed to the county superintendent, who heard 
the case on the 23d day of April and affirmed the action of the board. P. 
O'Connor, Jr., appeals. 

The proceedings in this case are regular and the facts admitted by both 
parties. The only point in dispute is this: On the 10th day of November, 1887 
the county superintendent heard the same case and rendered his decision revers- 
ing the action of the board. As the board did not see fit to appeal, and as no 
material changes have taken place in the subdistrict, it is claimed that the 
decision of the county superintendent rendered November 10, 1887, must be con- 
sidered as final, and that no further proceedings can be had in the case. If this 
allegation is true then the county superintendent committed error in not dismiss- 
ing the case. 

Let us examine it a moment, that we may arrive at the intent of the law. It 
is plain that the laAV reposes great confidence in the discretionary acts of a board 
of directors. The instructions from the department of public instruction to 
county superintendents have always been that such discretionary acts are to be 
affirmed unless it can be very clearly shown that the board has in some way 
abused its powers; if there is a doubt even, the board is to have the benefit of it. 
It has become a well established principle that the conduct of the schools and the 
location of schoolhouses should be left with those officers who have the closest 
relation to the people for whose benefit the schools are maintained. With this 
principle this department is not willing to interfere. 

Is it right, then, that in this present case because the county superintendent 
reversed the board in November, 1887, it should be left without further remedy Y 
We think not. After its former action was reversed, the board had its choice of 
three courses of action; it was bound to take the one which it believed to be for 
the best interests of the subdistrict. 

It could ask for a rehearing, but to obtain that it must be able to show that 
some very grave mistake had been made, or that it had discovered some addi- 
tional evidence which could not have been presented before by using reasonable 
diligence. 

It could appeal to the superintendent of public instruction, but in that event 
it must base its case wholly upon the evidence as presented before the county 
superintendent, as this department has no right to hear additional testimony. 

It could begin the case de novo, amend its record if it was faulty, supply omis- 
sions, introduce new testimony, and perfect its proceedings in such ways as to 
obtain if possible a different decision from the county superintendent, or so as to 
make a stronger case before the superintendent of public instruction if either 
party found it necessary to appeal to him. 

In this case the board chose the last remedy, and we think it was wise in doing 
so, as the most ready manner of obtaining a final adjudication of the whole matter 



SCHOOL LAW DECISIONS. 41 

After careful study of the authorities cited by counsel, we can only reach this 
conclusion. If the aggrieved party fails to appeal within the thirty days allowed 
by the law, the decision of the county superintendent becomes final as far as that 
particular case is concerned; but we find nothing in the law to warrant the con- 
clusion that a reversal by the county superintendent acts as a bar to any further 
proceedings because the district board did not then and there take an appeal to 
the superintendent of public instruction. Such a conclusion would defeat the 
ends aimed at by the law in placing the management of the schools in the hands 
of the school officers as chosen by the people. The county superintendent and 
the superintendent of public instruction, in hearing these appeal cases have the 
jurisdiction somewhat, of a court of equity and are not bound by a rigid adher- 
ence to the technical forms and customs which prevail in the courts of justice. 

In reaching this conclusion we are supported by the case of Morgan v. WUfley 
et ill., 7(1 Iowa . 338. "The power to redistrict and change subdistricts is conferred 
upon the board by the statute, and action in that direction, for sufficient cause, 
cannot be considered as unauthorized." The power to change or fix the school- 
house site is conferred in the same manner. Further: "The board of directors 
cannot be so fettered by its prior action, or by legal proceedings, that it may not, 
at any time, for sufficient cause, redistrict the township, as in its best judgment 
may be demanded by the interest of all the children of the district." The prin- 
ciple here enunciated is so broad that it applies to all the actions of the board, 
and it is not necessary to dwell upon it. 

In regard to the merits of this case, there is nothing to be said. There is no 
evidence to show that the board abused its authority, and consequently no reason 
for setting its order aside. The decision of the superintendent is Affirmed. 

HENRY SABIN, 

July 9, 1888. Superintendent of Public Instruction. 



Michael, Meleney v. District Township of Erin. 

Appeal from Hancock County, 

Discretionary Acts. May not be reversed unless the proof is conclusive. 
The board must bear any blame that may attach to an inexpedient action. 
Appeal. An appellate tribunal may not assume original jurisdiction. The 
order of the board must be affirmed unless it is proved beyond doubt that a 
reversal is necessary. 

Discretionary Acts. The county superintendent, having only appellate juris- 
diction, should not reverse discretionary acts of the board without explicit and 
clearly stated proof of the abuse of such discretion, even though not fully approv- 
ing its action. 

The transcript in this case shows that on the 19th day of March", 1888, the 
board voted to locate the new schoolhouse in subdistrict number six, as near the 
corner of sections 3, 4. 9 and 10 as practicable. April 23, 1888, it voted to locate 
the house on the southeast corner of the southwest quarter of section four. From 
this decision Michael Meleney appealed to the county superintendent, who, after 
hearing evidence in the case, reversed the action of the board and relocated the 
site for the new schoolhouse near the southeast corner of the northwest quarter of 
section nine From this decision William Boldt appeals. 

The law vests very large discretionary powers in the board. It is chosen by 
the people for a specific purpose and is directly responsible to the people for the 
manner in which it discharges its duties. Parties feeling themselves aggrieved 
by the action of the directors have the right of appeal, but they must make it 
plain that their grievance is something more than personal in its nature; that it 
consists in some violation of the law, or some abuse of discretion on the part of 
the directors, such as being actuated by selfish or improper motives or neglect- 
ing to exercise due discretion in guarding the interests of the entire district. 



42 SCHOOL LAW DECISIONS. 

The county superintendent, it is true, may determine whatever questions the 
board had determined, but he is not to put himself in the place of the board, nor 
is he to assume, except in extreme cases, the responsibility which belongs to it. 
It is not expected that he will assume original jurisdiction and reverse its action 
upon his individual judgment. He may even think that if he had been a member 
of the board he would have voted differently from the majority, or that some 
other course than that taken by the board would have been better for the 
interests of the district, and yet feel compelled to affirm the action of the board. 
He may not reverse its action unless it is proved beyond doubt that it violated 
law or in some manner abused its discretion. If there is any doubt, the board is 
to have the benefit of that doubt. 

The township of Erin consists of five subdistricts. Three of the directors 
voted to locate the new house in subdistrict number two, on the site in question, 
and two favored a site one-half mile farther south. There was very little testi- 
mony introduced in the trial before the county superintendent. While it is 
evident that the site chosen by the majority of the directors is- in some respects 
not the most desirable for a schoolhouse site, it is uncertain whether there is any 
better site in that neighborhood. There is nothing to show that the board has 
violated any law or in any way abused its discretion. 

The proceedings of the county superintendent in this case have been in all 
respects in accordance with the requirements of the law, and he was undoubtedly 
actuated by the best motives. We cannot however affirm his decision without 
violating a well known rule of law and reversing the policy which this depart- 
ment has followed without an exception. The decision of the county superin- 
tendent is Reversed. 

HENRY SABIN, 

September 17, 1888. Superintendent of Public Instruction. 



Samuel Walker v. J. S. Crawford, County Superintendent. 

Appeal from Cass County. 

CERTIFICATE. The county superintendent is his own judge as to how fully he 
will give the applicant reasons for the refusal of a certificate. 
Certificate. The county superintendent is charged with the responsibility of 
refusing to issue a certificate to any person unless fully satisfied that the applicant 
possesses the essential qualifications demanded of teachers by the law. 
Discretionary Acts. Unless a marked violation of the large discretion vested 
in the county superintendent is proved clearly and conclusively, his action 
in refusing or revoking a certificate will not be interfered with on appeal. 
Certificate. The decision of a county superintendent refusing a certificate will 
not be interfered with on appeal unless it appears that he acted from passion or 
prejudice". 

This case arises from the refusal of J. S. Crawford, county superintendent of 
Cass county, to grant a certificate to Samuel Walker to teach in the schools of 
said county. The case was reheard on the 1st day of December, 1888, by way of 
appeal, the superintendent affirming his former decision. Samuel Walker appeals. 

Section 1766 requires the county superintendent to examine each candidate 
desiring to teach in the public schools of the county, in certain branches enu- 
merated therein, with special reference to his competency and ability to teach 
the same. But section 1767 still further directs that the county superintendent 
must satisfy himself that the applicant possesses a good moral character and the 
essential qualifications for governing and instructing children and youth. Here 
then, are three distinct qualifications to be investigated and determined by the 
county superintendent before he issues the certificate. My predecessor very 
pointedly say in a written opinion on file in this office: "Under the law the 
county superintendent must be satisfied that you (the candidate) possess all the 
qualifications enumerated by the law." 



SCHOOL LAW DECISIONS. 43 

In this case it is not claimed that the appellant is deficient in the branches 
usually taught in the public schools. Neither is it charged that he does not 
possess a good moral character. The only point in question is his ability to 
instinct and govern children and youth. We confess that this is an exceedingly 
difficult point to determine in many cases. The surest way undoubtedly is to 
visit and inspect the school, but we think the county superintendent took the next 
best way when he drew the candidate into a conversation and allowed him to 
express himself freely and without reserve. Certain traits of character most essen- 
tial to a teacher cannot be ascertained by a written examination alone. 

At the time of the trial on appeal the county superintendent was placed on the 
stand as a witness for the appellant. In the course of his testimony he made this 
statement: "I refused Mr. Walker a certificate because I thought, and still 
think, Mr. Walker did not have judgment, a well balanced mind, and common 
sense, to teach a good school/ ' It is not the duty of the superintendent of public 
instruction to try this case de novo in order to determine the correctness of this 
conclusion. We are not called upon to pass upon the fitness or unfitness of Mr. 
Walker to teach in the schools of Cass county. 

Did the county superintendent err, in that he was actuated by wrong motives? 
If through passion or prejudice he refused Mr. Walker a certificate he did him 
an injustice, and his decision should be reversed. The existence of such a 
ruling motive would show itself somewhere in the evidence. We have read the 
transcript several times with care, and we fail to find any disagreement existing 
between the parties previous to, or at the time the appellant was first examined, 
or that Mr. Crawford has spoken unkindly of Mr. Walker or shown a disposition 
to injure him in any way. It was competent for the appellant to show clearly at 
the trial that the county superintendent was prejudiced against him to such an 
extent as not to do him justice, this he has failed to do by any reliable testimony. 
The weight of the testimony is to the effect that the county superintendent was 
endeavoring to do his duty as a school officer and in this the superintendent of 
public instruction must sustain him. 

The counsel for the appellant claims that the county superintendent erred in 
not informing the applicant upon what grounds he refused him a certificate. The 
testimony of Mr. Frost, from his long experience in the office of county superin- 
tendent, has great weight. We agree with him that it is usually better to inform 
the applicant frankly and fully why the certificate is refused, but cases may arise 
in which it is as well not to do this. The law is silent upon this point the county 
superintendent must be his own judge of what it is best to ao. We do not think 
the refusal in this case is an error on the part of the county superintendent. 

It is also alleged on the part of the appellant that "the county superintendent 
made a wrongful decision upon the facts in the case." The appellant introduced 
evidence to show that he had taught a fairly successful school, and that he was in 
good repute as a teacher in his own neighborhood. All this was pertinent to the 
question at issue, but if the conversation and actions of the appellant made such 
an impression upon the mind of the county superintendent at the time of exam- 
ination that this evidence even could not overcome it, the county superintendent 
could not consistently do otherwise than as he did. 

The discretion vested in the county superintendent by the law is very large, 
and for this purpose, that he may guard the public schools against the intrusion 
of persons unworthy or unfit for the office of teacher. The department of public 
instruction cannot release him from his responsibility, nor can it interfere with 
his discretionary acts except upon the clearest and most convincing proofs of vio- 
lation of law, or of the influence of passion or prejudice in the performance of his 
official duty. 

The appellee, on the other hand, seems to argue that the actions of the county 
superintendent, in refusing to grant a certificate, cannot be interfered with by 



44 SCHOOL LAW DECISIONS. 

the superintendent of public instruction. In 1867, Hon. D. Franklin Wells, then 
superintendent of public instruction, obtained an opinion from the attorney-gen- 
eral of the state, Hon. F. E. Bissell, upon this point. The following extract from 
that opinion is answer to each of the claims just considered: "Chapter 52, laws 
of the tenth general assembly, provides that the superintendent of public instruc- 
tion shall be charged with the supervision of all the county superintendents, and 
shall determine all cases appealed from the decision of the county superintendent, 
I hold that under the above provisions, the right of appeal is clearly inferrable, 
if not directly given to any one aggrieved by the refusal of the county superin- 
tendent to give a certificate, or by the revocation of a certificate. The power 
should, however, be very cautiously exercised and the decision of the county 
superintendent should not be interfered with except in case of a clear violation 
of duty, or when the act was the clear result of passion or prejudice." 

After a careful review of the testimony and the able arguments submitted to 
us, we do not find sufficient reason for reversing the decision made heretofore. 

Affirmed. 
HENRY SABIN, 

February 4, 1889. Superintendent of Public Instruction. 



Perry Hodge v. R. B. Young, County Superintendent 

Appeal from Dickinson County 

Appeal. An appeal will lie to determine conclusively whether the provisions of 
the lav/ have been complied with. 

Territory. When a transfer is sought, no appeal will lie to control the discre- 
tion of the county superintendent or board. 

Transfer. The natural obstacle must be impassable to such a degree as to 
remain an actual impediment to attendance. 

On the 18th day of February, 1889, R. B. Young, county superintendent of 
Dickinson county, issued an order that the S. E. quarter and also the N. E. quar- 
ter of Sec. 24, 99. 36, Center Grove township, should be set off to Richland town- 
ship, for school purposes under section 1797. Perry Hodge appeals from this order. 

It is also in evidence that the board of the district affected gave its consent to 
the transfer of territory. As this is a case in which the county superintendent 
has original jurisdiction to act with the board of the district affected, no appeal 
will lie from his action to control his discretion. It is competent, however, for 
the superintendent of public instruction to entertain an appeal for the purpose of 
ascertaining whether the provisions of section 1797 apply. If there is clear evi- 
dence that the provisions of said section do not apply, the order of the county 
superintendent must be set aside. There seems to be clear proof that such a 
natural obstacle as the law contemplates, does not exist in this case. There are 
in evidence the affidavits of certain parties who claim to be well acquainted with 
the territory transferred by said order, to the effect that the slough in question 
is by no means impassable to such a degree as to act as an obstacle to children 
attending school in Center Grove township, in the meaning contemplated by the 
law. It is held that there is no power under section 1797, to transfer said terri- 
tory. The order of the county superintendent, dated February 18, 1889, is there- 
fore declared void and Reversed. 

HENRY SABIN. 

May 18, 1889. Superintendent of Public Instruction. 



G. W. Davis et al. v. District Township of Linn. 

Appeal from Linn County. 

Appeal. Will not lie to control the action of a board or of the county superin- 
tendent, where concurrence is provided for. 



SCHOOL LAW DECISIONS. 45 

Tuition. To enable the district in which the children reside to collect tuition, 
all the requirements of the law must first be fulfilled. 

At its regular meeting on the 18th of March, 1889, the board passed a resolu- 
tion excluding from the privileges of the school in subdistrict number seven, 
children from the independent district of Laurel Hill in Jones county who had 
from time to time for many years, been allowed to attend the school in said sub- 
district number seven. On the 13th of April the board considered a petition of 
parties in the adjoining district of Laurel Hill desiring to send to the school in 
Linn township, and passed an order refusing to admit their scholars. From this 
action, G. W. Davis and others appealed to the county superintendent who heard 
the case on the 9th of May, affirming the order of the board From his decision 
G. Wo Davis appeals. 

The attendance of scholars living in an adjoining district is governed by 
section 1793. By the portion of the section to which this appeal relates, children 
may attend in another district on such terms as may be agreed upon by the 
respective boards. In the history of this case it is not shown that any action was 
taken by the board of Laurel Hill as to agreement regarding terms of attendance 
The board of the district township of Linn refused to admit the scholars in 
question. It is from this order, an initial action, that appeal was taken. 

At the trial before the county superintendent a statement of facts was sub- 
mitted and was agreed to by both parties to the appeal, as a basis upon which 
the appeal should be heard. At this point the board by its attorney filed a 
demurrer, urging that the county superintendent could not acquire jurisdiction; 
that the action of the board complained of was not subject to revision upon appeal; 
and asking the county superintendent to dismiss the case for want of jurisdiction. 
The demurrer was overruled, the case was tried on the agreed statement of facts, 
and the order of the board affirmed. Did the county superintendent err in over- 
ruling the motion to dismiss the case for want of jurisdiction? We think he did. 

If the boards fail to agree upon terms of attendance, certain conditions regard- 
ing distance from the respective schools being fulfilled, as they are in this case, 
section 1793 itself provides the next step to be taken. The county superintendent 
of the county in which the children reside may give his consent with that of the 
board of the district where the children desire to attend, admitting them. But 
from the refusal of the board to admit the children it is held and has been uni- 
formly held in opinions by this department, that appeal will not lie It has 
always been conceded to be the intention of the lawmakers to leave with the 
board of the district in which the school is maintained, the matter of determining 
finally and conclusively, if it chooses, that scholars shall not be admitted under 
the provisions of section 1793. If its consent is withheld, neither the courts of 
law nor any appellate tribunal may set aside its order of refusal, and compel it to 
admit outsiders and accept as compensation for their instruction the amounts 
fixed by section 1793. We have referred to this matter at such length, because 
the counsel for the appellant urges the claim that the case should be remanded 
for a new trial. 

We are compelled to find that there are but two methods in law, by which 
attendance in subdistrict number seven may be secured for their children by 
the appellants. The two boards may agree as to the terms of attendance. Or 
after they have refused to agree the concurrent consent of the county superin- 
tendent of Jones county and the board of the district township of Linn, will entitle 
the children to attendance and bind their home district for the expenses of their 
instruction in the manner provided by section 1793. But appeal will not lie to 
control the action of either board, or of the county superintendent. 

Reversed and dismissed. 
HENRY SABIN, 

August 6, 1889. Superintendent of Public Instruction. 



46 SCHOOL LAW DECISIONS. 

J. S. Folsom et al v. District Township of Center. 

Appeal from Cedar County. 

Modification of Decision. 

Appeal. A decision may be modified upon proof that a change in its terms is 
desirable. 

The decision given in the above entitled appeal, dated June 7, 1888, is hereby 
modified as follows: 

We are assured that the provisions of the decision have been complied with, 
the site having been located and the schoolhouse built thereon in strict con- 
formity with the terms of the decision. It is now desired by all parties to change 
the form of the site, slightly Our decision referred to above is therefore modi- 
fied so that the site may extend about eighteen rods south of the limitation made 
by the former decision, and shall be about twenty-two rods long, six rods wide 
at the south end, and nine rods wide at the north end. 

HENRY SABIN, 

December 30, 1889. Superintendent of Public Instruction. 



ISHAM WATKINS V. INDEPENDENT DISTRICT OF EMPIRE. 

Appeal from Marion County. 

Appeal. An appeal will not lie from an order of a board initiating a change in 
boundaries, where the concurrence of the board of an adjoining district is neces- 
sary to effect the change. 

Appeal. Where changes are effected in district boundaries by the concurrent 
action of two boards, appeal may be taken from the order of the board concurring- 
or refusing to concur, but not from the order of the board taking action first. 
Jurisdiction. The jurisdiction of an appellate tribunal is not greater than that 
of the board from whose action the appeal is taken. 

On the 16th of September, 1889, the board of the independent district of High- 
land determined to notify Isham Watkins of Empire district, that his children 
could not any longer attend the school in Highland district. The records show 
that it was willing - that he should be attached to Highland district. This was 
taken as an initiatory movement. Isham Watkins petitioned the board of the 
Empire district to set off the north half of northeast quarter of section 25, 75, 21, 
to the independent district of Hig'hland. The petition was rejected, in effect the 
Empire board refused to concur. An appeal was taken to the county superin- 
tendent, who ordered that the northeast quarter of northeast quarter of section 
25, be detached from the independent district of Empire and attached to the 
independent district of Highland. 

Of the several questions involved in this case it is necessary to discuss only 
one. Did the county superintendent exceed his jurisdiction? The board of 
Highland initiated an action. The board of Empire district must either concur 
or nonconcur, and from its action an appeal could be taken. If it did not choose 
to accede to the proposition of the Highland district, then action in that par- 
ticular ended with its vote to nonconcur. If it had a different proposition to make, 
as for instance granting forty acres, it could only initiate a movement to that 
effect, and leave it for Highland district to act, and from the action of the latter 
board an appeal could then be taken. 

In this case the county superintendent initiates a new action, and leaves it for 
Highland district; to act. Now if this action is allowed to stand, any one aggrieved 
may take an appeal from the action of the board of the Highland district. He 
would then have an appeal brought before the county superintendent from an 
action which he himself initiated. It might be further argued that if the county 
superintendent has original jurisdiction, then this appeal cannot lie, as an appeal 



SCHOOL LAW DECISIONS. 47 

can be taken (inly from the order of the board completing the action. The prec- 
edents established have been followed closely by this department and we can see 
no reason for breaking away from them. 

It is held that in cases requiring the concurrent action of two boards, the 
board completing the action can only concur or nonconcur. Any action involving 
a new proposition initiates a new case, which must be passed upon by the other 
board concerned in the matter and from which an appeal can be taken. It is 
further held that the county superintendent upon appeal is limited to reversing 
or affirming the action of the board completing the action, and that he cannot 
assume original jurisdiction and do what the board appealed from could not do. 

It seems apparent that Mr. Watkins has not reasonably good school facilities 
and we regret that we are compelled to set aside the decision of the county super- 
intendent. He was actuated by laudable motives and was looking for the best 
interests of the children in this case. We are, however, forced to the conclusion 
that the county superintentent erred in assuming original jurisdiction. 

Reversed and dismissed. 
HENRY SABIN, 

March 18, 1890. Superintendent of Public Instruction. 



Robert Maxwell v. District Township of Lincoln. 

Appeal from Union County. 

Proceedings. The regularity of all the proceedings will be presumed upon. 

This is true in an especial sense when the records are more than usually complete. 

Teacher. In the trial of a teacher the board is bound carefully to protect the 

interests of the district and to seek the welfare of the school, as well as to regard 

the rights guaranteed to the teacher. 

Notice. Appearance at the trial is a complete waiver of notice. 

Records. The record of the secretary must be considered as evidence, unless 

there is proof of fraud or falsehood. 

On the 9th day of December, 1889, the secretary acting upon a petition signed 
by five residents, called a meeting of the board for December 14, to examine the 
teacher of subdistrict number eight. A notice was also served upon the teacher 
the same date, signed by secretary, both the call and the notice being spread 
upon the records in due form. The meeting was held on the 14th of December. 
The records show that the appellant was present and objected to the considera- 
tion of the charges, as the proceedings were not in accordance with section 1734, 
At the same time he demanded a copy of the charges and that one week be given 
him in which to prepare his defense, which demand was complied with and the 
board adjourned to December 21. 

If the appellant had moved to dismiss the case, it would not have been an error 
to sustain the motion, but he submitted to the jurisdiction of the board and obtained 
a continuance of the case until December 21 It must be held that by this action 
he waived any defect or irregularity in the jurisdiction of the board in this case 
The purpose and object of the process, as pointed out in section 1734, was fully 
accomplished. See Wilgus et al., v. Getting* et <tl., 19 Iowa, page 82 At the meet- 
ing held December 21, the board voted to discharge the teacher. An appeal was 
taken to the county superintendent who affirmed the board. The appellant 
appeals to the superintendent of public instruction. 

The only question before the county superintendent was whether the condi- 
tions as prescribed in section 1734 were fully complied with. It is alleged that 
while the teacher was present, he was not allowed to make his defense. The 
secretary's transcript furnishes the only means of determining this. The records 
show that he was allowed to cross-examine witnesses, and they do not show that he 
was barred from offering evidence had he chosen to do so. There can be no ques- 
tion of the power of the board under the law to discharge the teacher. It is held 



48 SCHOOL LAW DECISIONS. 

in case of Kirkpatrick v. Independent District of Liberty, 53 Iowa, 585, that the board 
does not act as a court, in any strict sense, and is not bound by the rules applicable 
to a court. The intent of the statute is evidently, while it guards carefully the 
rights of the teacher, to enable the board to discharge a teacher who, after a 
careful investigation, is determined to be unfit for the position. It is termed "a 
simple and inexpensive way of determining rights " It is claimed by the counsel 
for the appellant that when a certain mode is prescribed in determining a case 
not in the usual course of the common law, such mode must be followed, and 
reference is made to the case of Cooper v. Sunderland, 3 Iowa, 125 But it is held 
in the same case that when sufficient appears on the face of the records to give it 
jurisdiction under the law conferring the power, then the presumption attaches 
in favor of the remainder of the proceedings of the court If the action of the 
appellant in appearing for trial gave the board jurisdiction, then all the proceed- 
ings must be held to be regular The discharge of a teacher is largely within the 
discretionary power of the board. It is to guard the rights of the district and the 
interests of the school, as well as the rights of the teacher. After a full and fair 
investigation it is its duty to act as it deems best, under all the conditions and 
circumstances of the case. See Smith v. District Township of Knox, 42 Iowa, 522. 
This being the case it is the duty of the county superintendent not to interfere 
with the action of the board unless he is convinced that it in some way abused its 
discretion. He is right in sustaining the board even though as an individual he 
Avould have preferred some other action on its part. 

Our conclusion is, after a careful consideration of the matter and after read- 
ing the transcript with unusual care, that the defendant had a fair and impartial 
trial, and that the terms of the law were substantially complied with. The 
decision of the county superintendent is Affirmed. 

HENRY SABIN, 

June 12, 1890. Superintendent of Public Instruction. 



Kelley and Smith v. District Township of Eden. 

Appeal from Decatur County. 

BOARD OF DIRECTORS. After such a decision as prevents any action of the board 
until some material change occurs, in order that the board may act anew changes 
of such a character as to obviate to a large extent the objections that previously 
existed, must have taken place. 

The main points in this case are simply these: On the 8th day of February, 
1890, the board voted to abolish subdistrict number eight. Appeal was taken to 
the county superintendent, who reversed the action of the board An appeal was 
then taken to the superintendent of public instruction. 

This department has held that when a case involving a change of subdistrict 
boundaries has been adjudicated by the county superintendent, reversing the 
action of the board, and has been affirmed when brought before the superintendent 
of public instruction, upon appeal, it cannot again be brought upon appeal, unless 
it can be shown that some material change affecting the conditions of the case 
has taken place since the date of the former decision It is proper to say that 
this holding is based upon opinions uniformly given by the former superintendents 
of public instruction, and on file in this office 

As this case was substantially before this department in March, 1888, it is first 
in order to determine whether any material change has taken place affecting the 
conditions of the case, since that date. By a material change we mean such a 
change as would obviate to a large extent the objections raised against the action 
of the board at that time. 

The erection of the bridge over Little river does not, according to the testi- 
mony, lessen the difficulty of attending school on the part of certain scholars, as 



SCHOOL LAW DECISIONS. 49 

5he bottom land is impassable during- high water. There has been no decrease in 
the number of pupils which renders it expedient to abolish subdistrict number 
eight. The taxes in Eden township for school purposes are not in excess of what 
they were in II 

We are unable to find, after carefully reading the testimony, that there has 
been any material change affecting this case since our decision rendered March 
16, 1888. This conclusion renders it unnecessary to examine other points raised 
by counsel. Affirmed and dismissed. 

HENRY SABIN, 

June 23, 1890. Superintendent of Public Instruction. 



Michael Donelon v. District Township of Kniest. 

Appeal from Carroll County. 

Subdistrict Boundaries. The boundaries of subdistricts may be changed or 
new subdistricts formed, only at the regular meeting of the board in September, 
or at a special meeting held before the following March. 

On the 24th of March, 1890, the board made an order changing the boundary 
between subdistricts four and five. Michael Donelon, residing upon the territory 
transferred, appealed to the county superintendent, who on the 14th of April 
affirmed the order of the board, and from his decision Mr. Donelon appeals. 

The action of the board called in question was taken under section 1796, the 
first of which section reads: "The board of directors shall, at their regular meet- 
ing in September, or at any special meeting called thereafter for that purpose, 
divide their township into subdistricts, etc." It has been continuously held by 
this department ever since the enactment of the provision of law quoted above, 
that as changes in the subdistrict boundaries under section 1796 do not take effect 
until the following subdistrict election, it is therefore the manifest intention of 
the law as indicated in the reading of the portion of section 1796 we have quoted, 
that said changes should be ordered at the regular meeting of the board in 
September, or at a specially called meeting held long enough before the sub- 
district election to allow time for notices to be given for the election of subdirect- 
ors, and that the law does not give the board power to change subdistrict bound- 
aries between March and September, but only between September and March. If 
this is the meaning of the law it is decisive of this case, and we shall be com- 
pelled to dismiss the case for want of jurisdiction. 

A careful examination of the question leads us to the same conclusions uni- 
formly announced by our predecessors. We are able in no other way to explain 
the wording of the section. It seems plain that the law intends to impose the 
limitation upon the board so clearly indicated by the phraseology of section 1796. 
Attention is invited to the decisions found on pages 25, 26 and 63, School Law 
Decisions of 1876. It is also worthy of notice that this principle has been con- 
sidered to be so fully established in practice and so well understood, that cases 
referring to the universally admitted fact have been omitted from the three com- 
pilations of decisions made since 1876. This case is the first appeal for many 
years past reviving the question. 

We are aware that the case in 70 Iowa, 338, may be urged as affording oppor- 
tunity for a different view than the one taken by us. But it must be observed 
that the matter at issue in that case is whether the board has power to exercise 
its discretion in so full and complete a manner as to dispense entirely with a new 
subdistrict recently created by a former board, and thus by a single order opposite 
in intention to nullify all that had been done previously in regard to change of 
boundaries. It was urged that the board does not have such power after the sub- 
district has acquired a legal existence. The effect of the decision is to establish 
the power of the board to exercise its fullest discretion in determining the 



50 SCHOOL LAW DECISIONS. 

necessity for change of boundaries, subject to the remedy of appeal. We cannot- 
interpret the decision as setting aside that provision of 1796 which directs that 
such changes in boundaries shall be made at the regular meeting of the board in 
September, or at a special meeting thereafter, obviously not to be held later than 
the first Monday in March. 

It is apparent then that the action of the board complained of in this case was 
not in accordance with law, and hence was null and void. It is fortunate that the 
board has an opportunity within a few weeks to take such action as may then seem 
to it for the best interests of the district and all concerned. 

Reversed and dismissed. 
HENRY SABIN, 

August 23, 1890. Superintendent of Public Instruction. 



E. J. Hoskins et al. v. District Township of Lincoln. 

Appeal from Shelby County. 

Discretionary Acts. The appellate tribunal is required to decide only whether 
the action complained of in the affidavit of appeal is proved to be of such a nature 
as to compel a reversal of such action. 

Appeal. It is not intended that the superintendent of public instruction shall 
hear an appeal case de novo. He is confined to the record of the case as heard 
before the county superintendent. 

Appeal. It is not the purpose of an appeal to secure a decision as to which of 
two sites is preferable, or as to whether a better site might not have been found. 
If the site chosen is proved to be unsuitable, or an abuse of discretionary power is 
clearly shown, then the order of the board may be set aside, but not otherwise. 
DISCRETIONARY Acts. Since the board has original jurisdiction, its discretion- 
ary acts should not be interfered with by an appellate tribunal, although not 
agreeing with its judgment, unless the board violated law, showed prejudice or 
malice, or abused its discretion in such manner as to require interference 

On May 19, 1890, the directors passed an order locating the schoolhouse site in 
subdistrict number seven, in the northwest corner of section 36. From this order 
E. J. Hoskins appealed to the county superintendent, who affirmed the action of 
the board. Appeal was then taken to the superintendent of public instruction. 

Exclusive power to locate schoolhouse sites is vested in the board. Such power 
is nowhere given to the county superintendent. The only limitations imposed 
upon the board are that it shall observe the geographical position and the con- 
venience of the people. If any one is aggrieved by the action of the board he may 
appeal to the county superintendent, who has the power after a hearing of the 
case to reverse its action, provided he is satisfied beyond a reasonable doubt that 
it has violated law, or abused its discretion in some way, as by choosing a site too 
far from the geographical center or one not convenient to the people. 

It is not claimed in the present case that the board violated law in any way. 
The difference between the two sites in question is only eighty rods and there is 
no preponderance of evidence to show that one is much more suited to the con- 
venience of the people than the other. It is not the intention of the law that the 
uounty superintendent should place his private judgment over against the judg- 
ment of the board. His duty is to determine whether the grievance complained 
of in the affidavit is proved to be of such a nature as to warrant him in interfering 
with the action of the board. His own opinion that some other course of action 
would have been better should not be allowed to bias his decision. The counsel 
for appellants urged at the trial before the superintendent of public instruction 
that they could not get a trial of facts before the county superintendent; they 
desired him to ascertain which of the two sites is more preferable as a site for a 
building, and to base his decision upon that alone. The affidavit upon which the 
case was tried before the county superintendent alleges in substance that the site 
chosen by the board is for various reasons unsuitable for school purposes. The 



SCHOOL LAW DECISIONS. 51 

was joined upon this fact, and the county superintendent in his decision 
Buds that while the site contended for by the appellants is in some respects the 
better of the two, the one selected by the board is not unsuitable for school pur- 
and constitutes what he considers a fair average site. Under such con- 
ditions he very properly affirmed the action of the board. 

The counsel for appellant places great stress upon the decision of the supreme 
court in the case of Atkinson et ah v. Hutchinson et al., 68 Iowa, 101, to prove that 
the superintendent of public instruction is not of necessity confined to the i 
record made before the county superintendent, but that his decision should be 
based upon all essential, existing facts. It is supposed that such facts arc brought 
out upon trial before the county superintendent and appear in the transcript of 
evidence sent up with the case. If between the time of trial before the county 
superintendent and the trial before the superintendent of public instruction some 
essential evidence comes to light which could not from its nature have been 
known at the time of the trial before the county superintendent, it would perhaps 
be proper for the superintendent of public instruction to take it into consider- 
ation before rendering his decision. In the case cited, at that time before the 
supreme court, it was contended that certain unusual changes took place prior to 
the hearing before the superintendent of public instruction, which affected A'ery 
materially the condition of affairs. The court in rendering its decision took it 
for granted that these changes were known to the superintendent of public 
instruction at the time he decided the case. If the supreme court had intended 
to convey the idea that it is the province of the superintendent of public instruc- 
tion to hear the case de novo in the usual acceptation of that term, it would hardly 
have said that the legislature designed to provide an inexpensive and summary 
way of disposing of these questions when it afforded aggrieved parties the right of 
appeal. Indeed if the superintendent of public instruction had the power to dis- 
card the trial before the county superintendent, and to send for witnesses and 
papers from remote sections of the state, as would be necessary in hearing these 
cases de novo, this would prove the most expensive and tedious way of disposing 
of these questions which it would be possible to devise. 

The decision of the county superintendent is Affirmed. 

HENRY SABIN, 

October 9, 1890. Superintendent of Public Instruction. 



Heffern and Van Patter v. District Township of Tiptox. 

Appeal from Hardin County. 

Schoolhouse Taxes. The board may not refuse to expend schoolhouse funds 
for the purpose for which they were voted. 

MANDAMUS. To compel the performance of an official duty not involving the 
exercise of discretion, a writ of mandamus is a speedy remedy. 

The affidavit in this case recites in effect that at their meeting in March. 1889, 
the electors of subdistrict number one voted a tax of two hundred dollars on them- 
selves to purchase a site near the center of the subdistrict. remove the school- 
house, and procure a highway to the same. At its meeting March 17, 1890, the 
l>oard voted to lay on the table a petition asking for immediate action. The 
superintendent affirmed the action of the board. Heffern and Van Patter appeal. 

There is no doubt as to the facts in this case. The tax of two hundred dollars 
was voted, was levied by the supervisors, and part of it has been collected and is 
now in the hands of the district treasurer In such a case there is no provision 
of law by which the board may be excused from expending the money for the 
purposes for which it was levied. This duty is not discretionary but mandatory. 
The board, however, is entitled to a reasonable length of time, and may use its 
discretion as to the best and most economical way of expending the money 



52 SCHOOL LAW DECISIONS. 

provided they regard strictly the purpose for which it was raised. It does not 
appear that the board in laying the petition upon the table was actuated by any 
desire to delay action unreasonably or to defeat the wishes of the electors. The 
board has also a large discretion when determining the location of a highway. 

We are disposed after a careful consideration of this case to remand it to the 
county superintendent, to be by her remanded to the board with instructions that 
it proceed at the earliest date possible to carry out in good faith the wishes of the 
electors of subdistrict number one. If it fails to do this the most speedy remedy 
for any one aggrieved is an application to the court for a writ compelling the 
board to act. Affirmed and remanded. 

HENRY SABIN, 

March 24, 1891. Superintendent of Public Instruction. 



Elisha and Elda Tanner v. Independent District of Clarence. 

Appeal from Cedar County. 

Affidavit. A technical error in the affidavit not prejudicial to either party 

will not defeat the appeal. 

Affidavit. The affidavit may be amended when such action is not prejudicial 

to the rights of any one interested. 

School Privileges. The law is to be construed in the interest of the child. 

The actual residence of the scholar at the time will establish the right to attend 

school free of tuition. 

The board excluded Elda Tanner from school until such time as her tuition is 
paid, on the ground that she is a non-resident pupil. The county superintendent 
on appeal reversed the action of the board and appeal was taken to the superintend- 
ent of public instruction. It was claimed before the county superintendent that 
inasmuch as the affidavit upon which the appeal was based was without the seal 
of the notary public, that there were no grounds upon which the appeal could be 
legally based. While it is true that the notarial seal is necessary to constitute 
an affidavit, in this case the notary public was present at the time of trial and 
under oath testified that the omission of the seal was only an oversight on his 
part, and that the persons therein designated did make oath to the paper and affix 
their signatures to it in his presence, then he also there affixed the notarial seal. 
It is held that since no interests were prejudiced by the error which at the best 
was only technical, that the county superintendent did not commit an error in 
overruling the motion to dismiss the case. 

The allegation of facts made by Elda Tanner are that she is sixteen years of 
age, that her father and mother have parted, and that for ten years or more she 
made her home in the family of Mrs. McCartney in Massilon township. Before 
she came to Clarence she had an understanding with her father that she was to 
care for herself thereafter. She also claims that being thus emancipated from 
her father's control, she chose to become a resident of Clarence, and as an actual 
resident of that school district is entitled to the privileges of school under the 
provisions of section 1794. 

It is of interest to ascertain how far such an agreement constitutes emancipa- 
tion of a minor child. It is held in 1 Iowa, 356, that in the absence of statutory 
requirements such emancipation need not be evidenced by any formal or record 
act, but may be proved like any other fact. The evidence of Elda Tanner in this 
case is corroborated by that of her father, and of Mrs. McCartney who was pres- 
ent during the conversation. We are disposed to hold that Elda Tanner under 
the facts as sworn to before the county superintendent was at liberty to choose 
such a place of residence as seemed to her most fitting. The evident and benefi- 
cent intent of the law is that no child shall be deprived of school privileges. 
The father of a family may move into the district from an adjoining state, and 



SCHOOL LAW DECISIONS. 53 

although certain time must elapse before he is entitled to vote ne may place his 
children in school the very day he arrives. In the same spirit it has been held 
that children living in families in which their work compensates for their board, 
are actual residents and are entitled to school privileges. The law is to be con- 
strued in their interests. The district is entitled to have such children enumer- 
ated, if they are thus actual residents at the time the school census is taken. We 
do not undertake to decide that parents or guardians can transfer children from 
one district to another for school purposes alone, but only that those who an 
actual residents under the provisions of the law may attend school without the 
payment of tuition. While it is true in general that the residence of a child is 
the same as that of the parents or guardian, the law evidently contemplates 
exceptions to this general rule and leaves the right to attend school to be estab- 
lished by the actual residence of the child. Any other construction would net be 
in accordance with the spirit of the law, and would deprive many children of the 
right to attend the public schools. 

In this case the quest inn of residence is largely one of intent. The testimony 
of Elda Tanner is to the effect that she was at the time of attendance an actual 
resident of Clarence, and had no other residence. It was competent for the board 
to disprove this, but we do not find the evidence to* that effect conclusive 

It is held that the board erred in excluding Elda Tanner from school and the 
decision of the county superintendent is Affirmed. 

HENRY SABIN, 

April 24, 1891. Superintendent of Public Instruction. 



J, C. Reed et al. v District Township of Eagle. 

Appeal from Sioux County. 

Subdistricts. The board should be encouraged in forecasting a general plan 
looking toward an ultimate regularity in the form of subdistricts. 
Schoolhouse. There is no limitation in law as to the number of scholars to be 
accommodated, in order that the board may provide a schoolhouse. 
Subdistricts Should be, if possible, compact and regular in form In well 
populated district townships, two miles square is considered a desirable area for 
each subdistrict. 

Subdistricts. It is very important that subdistricts should be regular in form, 
and that where it is possible, schoolhouses should be located at or near geograph- 
ical centers. 

BOUNDARIES In the determination of district and subdistrict boundaries, 
temporary expenditures and individual convenience should be subordinated to the 
more important considerations relating to simplicity of outline, compactness of 
shape, uniformity of size, and permanence of sites and boundaries. 

The above named district township coincides with a congressional township 
and consists of a single subdistrict. Portions of the district are yet sparsely 
settled. The board seems to have projected a plan to so locate schoolhouses 
when they must be supplied; that ultimately the townshio shall have nine sub- 
districts each of four sections. 

On the 16th of March the board, ordered a schoolhouse built at the center of 
the square of four sections in the southeastern corner of the township. From this 
action J. C. Reed appealed to the county superintendent who affirmed the order 
of the board. From this decision Mr. Reed appeals. 

It was urged before the county superintendent that the board was prevented 
by the law from building a schoolhouse for the accommodation of a less number 
than fifteen of school age. The question now to be determined is whether the 
county superintendent erred in affirming the order of the board. 

The board seemed to have outlined a policy of regarding each four sections as 
a. separate division, to be provided with school advantages by itself. So far as 



54 SCHOOL LAW DECISIONS. 

forecasting the probable form of subdistricts to be created in the future, we think 
the board might be guided in the location of schoolhouses at the present time by 
such policy, in order that ultimately each subdistrict will have the form desired 
and each schoolhouse will be located so as best to accommodate all patrons. 

But while matters are in this progressive condition, we think the law does not 
confer power upon the board to apply the limitations of section 1725, and decide 
that until fifteen of school age are to be accommodated by the schoolhouse to be 
built no house may be erected. In this case for instance there is but one single 
subdistrict. The board may create other subdistricts provided fifteen of school 
age are included within the boundaries of each one so formed. But the board is 
not prevented from building more than one schoolhouse in any subdistrict. See 
69 Iowa, 533. In the absence of specific instructions in connection with the voting 
of the taxes by the electors, the board is empowered to locate sites where in its 
judgment a schoolhouse seems to be most demanded. 

We are unable to find from the evidence any reason to disturb the finding of 
the county superintendent and his decision is therefore Affirmed. 

HENRY SABTN, 

July 3, 1891. Superintendent of Public Instruction. 



E. A. Sheafe v. Independent District of Center. 

Appeal from Wapello County. 

Teacher. As an employe of the district the teacher may justly claim and expect 
to receive, the official assistance and advice of the board. 

Teacher. The law insures the teacher a fair and impartial trial, before he may 
be discharged. 

The history of this case presents nothing unusual. The board voted to dis- 
charge the teacher upon certain preferred charges. The teacher appealed to the 
superintendent, who reversed the action of the board. The board appeals. 

Section 1757 sets forth plainly the nature of the contract which is the evidence 
of agreement between the board acting for the district as one party, and the 
teacher as the other party. Section 1734 prescribes the only method by which 
the board may terminate the contract in advance or discharge the teacher. 
Both parties are equally bound by this contract, and as the board is a continuous 
body the election of an entire new board does not change the relations of the 
contracting parties. But inasmuch as the directors also act as judges whose duty 
it is to decide whether the contract shall be terminated, being themselves parties 
to the contract, it becomes them to weigh the evidence in the case with the 
greatest care and to give the teacher the benefit of any reasonable doubt. In the 
present case the forms of the law were complied with, and the teacher was per- 
mitted to be present and make his defense. 

The transcript sent up by the county superintendent shows that one of the 
complaints upon which the teacher was tried, was signed by Jacob Ream, who 
also is one of the directors and acted as one of the judges in the case. This is 
strong presumptive evidence of prejudice on the part of one of the judges at least, 
and this evidence is strengthened by the fact that Jacob Ream is the father of 
John Ream whose punishment is made a matter of complaint. It is further 
strengthened by the fact brought out in evidence, that the present board was 
elected for the purpose and with the intent of displacing the teacher. The law 
is very careful to guard the rights of the teacher and to insure him a fair trial. 
That certainly can not be considered a fair trial in the eyes of the law, in which 
one of the judges who is to give his vote for acquittal or conviction is a com- 
plainant in the case and is as ready to pronounce the verdict before he hears the 
testimony as afterward. 



SCHOOL LAW DECISIONS. 55 

The board invited the teacher to resign at its first meeting, and upon his 
refusal it proceeded at once to take steps to discharge him. Under certain cir- 
cumstances this might be right, when necessary to relieve the school from a 
teacher proved to be incompetent or immoral. But general dissatisfaction as 
alleged in the petition or the desire to hire a lady teacher for the summer term, 
or to lessen the expenses of the district, can not be held to form any reason for 
discharging the teacher. The alleged punishment of the two boys is not proved 
in either case to have been unreasonably severe, to have been inflicted in passion, 
or to have resulted in any permanent injury. These punishments happened some 
weeks before and any complaint should have been made to the old board. 

It dues not appear necessary to enter any further into the merits of this case. 
It ic held that no error was committed in reversing the action of the board and 
the decision of the county superintendent is therefore Affirmed. 

HENRY SABIN, 

October 20, L891. Superintendent of Public Instruction. 



L. Goff v. Independent District of Dallas. 

Appeal from Marion County 

Board OF Directors. The board must endeavor to determine the actual inten- 
tion of the electors, and to carry out their expressed wishes. 

Remandinc OF Cases. Unless the transcript indicates clearly the manner in 
which the board understands the expression of the electors, an appellate tribunal 
on the trial will be compelled to remand the case for a more definite action. 
[Mandamus. The surest method to secure the performance of a mandatory duty 
is application to a court for a writ of mandamus. 

At a meeting held August 12-13. 1891. the board voted in effect to sell the site 
at present occupied for schoolhouse purposes in or adjoining the village of Dallas, 
and to build two school buildings, one to be located at a site about one mile east 
of said village of Dallas, and another about twenty rods west of southeast corner of 
section two. Appeal was taken to the county superintendent, who affirmed the 
action of the board in locating the site in the west part of the district, but 
reversed its action in regard to the location east of the village of Dallas. Appeal 
was then taken to the superintendent of public instruction. 

It is difficult to determine from the transcript sent up with this case, what 
were the intentions of the electors regarding the matter of a new schoolhouse, 
as expressed at the district meeting, March 9. 1891. The secretary's records 
show that the motion to erect a schoolhouse at each end of the district was voted 
down, as was also a motion to repair the old schoolhouse or to sell that and build 
a new one with two rooms. 

The vote to raise a tax for the purpose of building a schoolhouse was declared 
carried, but the records do not show the amount to be raised by said tax, nor is 
there anything to show what amount if any was certified up to the board of super- 
visors. On the 20th of April the board voted that $1,500 was necessary for the 
erection of two schoolhouses, and on the 2d of May the electors voted bonds to 
that amount for schoolhouse purposes. There is nothing to show what form of 
ballots was used, or what was the intention of the electors in voting the bonds. 
When the intention of the electors in voting money for schoolhouse' purposes is 
clearly known, it is the duty of the directors to proceed in accordance therewith. 

We therefore deem it best to remand the case to the county superintendent, 
with instructions to remand it to the board in order that it may ascertain what 
Avas the intention of the electors and that it attempt in good faich to carry it out. 
If it fails to do this, the surest remedy is an application to the court for a writ 
compelling it to carry out the intention of the electors. Remanded. 

HENRY SABIN, 

December 23. 1891. Superintendent of Public Instruction. 



56 SCHOOL LAW DECISIONS. 

C. A. Webster v. Independent District Number Seven. 

Appeal from Winneshiek County. 

Discretionary Acts. To warrant interference with a discretionary act, abuse 
of discretion must be proved beyond a reasonable doubt. 

Discretionary Acts. It is not the province of an appeal to discover and to 
correct a slight mistake. The board alone must bear any blame that may attach 
to a choice deemed by appellants somewhat undesirable, but not an unwise selec- 
tion to such a degree as to indicate an abuse of the discretion ordinarily exercised. 
Discretionary Acts. In the absence of proof that the board has abused the 
authority given it by the law, its orders will not be set aside, although another 
decision might to many seem preferable. 

Jurisdiction. When its order is affirmed, the board is left free to take another 
action, if thought best. 

On the 3d day of October, 1891, the board relocated the schoolhouse site in 
independent district number seven, Burr Oak township. Appeal was taken to 
the county superintendent, who reversed the action of the board which ordered 
the house removed to the new location. From this decision John Knox president 
of the board appeals. 

The proceedings in this case are entirely regular. It is not claimed that there 
was any direct violation of law, nor that prejudice or improper motives in the 
least influenced the action of the board. The very common complaint that the 
discretion vested in the board by the law had been abused was virtually the only 
error urged. 

The only question for us to determine is the single one as to whether the 
county superintendent was warranted in setting' aside the order of the board. 
Unless the evidence clearly sustains his conclusions we shall be compelled to 
reverse his decision. But if the evidence shows plainly a g - ross abuse of discre- 
tion on the part of the board, then we must affirm. 

Where an abuse of the large discretion vested in the board is urged, to war- 
rant interference by an appellate tribunal such abuse must be proved conclu- 
sively. The testimony must disclose so fully the nature of the unwarranted 
action as to leave no reasonable doubt. The acts of a board must be presumed 
to be correct, and they are entitled to the benefit of every doubt. Unless it is 
fully apparent that the discretionary power of the board has been abused to such 
an extent as to render interference necessary, it is the duty of the county super- 
intendent to allow the act of the board to stand, although he may differ from the 
board very strongly as to the desirability of the order in question. In this con- 
nection, attention is called to appeal decisions found on pages 35, 82, 90, 100 and 
135, School Law Decisions of 1888. 

In this case while the testimony shows that the removal to the site selected 
will bring the schoolhouse quite a distance south of the center of the district, it 
is not in evidence that a suitable site might have been found nearer the center. 
It must be presumed that the board carefully weighed all the reasons in favor of 
and against the site chosen, and also that it endeavored to find the best site. The 
evidence is by no means conclusive that it did not select the best site obtainable. 
If in the opinion of the people an error has been made, it rests with the electors 
to choose a board favoring another location. 

It is with reluctance that we reverse the decision of the county superintendent. 
There can be no question that he intended to seek substantial justice for the 
people of the district. This decision does not prevent the board, if thought 
desirable to do so, from reconsidering the action by which the nev; site was 
chosen and selecting a different site. But we can not find that the evidence 
supports the county superintendent in overruling the order made by the board 
and his decision is therefore Reversed. 

J. B. KNOEPFLER, 

February 26, 1892. Superintendent of Public Instruction. 



SCHOOL LAW DECISIONS. 57 

R. G. W. Forsythe v. Independent District of Kirkville. 

Appeal frm ii Wapello County. 

Appeal. Where changes are effected in district boundaries by the concurrent 
action of two boards, appeal may be taken from the order of the board concurring 
or refusing to concur, but not from the order of the board taking action first. 
Territory. All territory must be contiguous to the district to which it belongs. 
Jurisdiction. In change of boundaries by two boards, an appellate tribunal 
acquires only the same power possessed by the board from whose action appeal is 
taken, and may do no more than to affirm the order, or to reverse and do what 
the board refused to do. 

Petition. A petition may be used to bring to * the attention of the board the 
kind of action desired by the petitioners, but a board may act with equal direct- 
ness without such request. 

The board of the above named district refused to concur in the action of the 
board of the district township of Richland, offering to transfer certain territory 
to the independent district. Mr. Forsythe, desiring the transfer, appealed to the 
county superintendent, who reversed the action of the board and ordered the 
transfer of the territory under consideration by the two boards, with the excep- 
tion of the northwest quarter of the southwest quarter of section eighteen, which 
the county superintendent directed should remain a part of the district township 
of Richland, and also ordered the transfer of the northwest quarter of the north- 
west quarter of section eighteen, which would otherwise be cut off from the 
district township to which it belongs. From this decision L. Jones, president of 
the board of the indejsendent district of Kirkville, appeals. 

This case turns on the power of the county superintendent to modify the 
order appealed from in the manner done by him. It is true that even if the 
board of the independent district of Kirkville had concurred in the transfer of 
the territory released by the other board, such order would not have been in 
conformity with the spirit of the law, because forty acres would then be left 
belonging - to the district township of Richland and not contiguous to the remain- 
der of the district. The county superintendent was led to conclude that the 
forty acres in question should be transferred, if any change of boundaries was 
made. But could the county superintendent so determine in this appeal? We 
think not. The board of the independent district might concur or refuse to con- 
cur. They might refuse to concur, and initiate a new proposition which the 
board of the district township could act upon, when appeal would then lie from 
the last action. But an attempt to change the order originally made would 
render it necessary to have such new action considered by the other board, before 
becoming effective, or even in order that the action could be brought within the 
power of the county superintendent to consider on appeal. For in a case of this 
kind no matter can come into the case on appeal, unless the second board, the 
one last acting, concurs or refuses to concur in the order initiated or proposed by 
the board first taking action. . 

It follows then that the county superintendent having only appellate jurisdic- 
tion, could not assume original jurisdiction and do what the board from whose action 
the appeal was taken could not have done. Therefore we are compelled to hold that 
the county superintendent did not have the power to decide that the northwest 
quarter of the northwest quarter of section eighteen should be transferred. 

A careful investigation of the transcript leads us to believe that perhaps such 
a change of the boundaries as would transfer the residence of Mr. Forsythe to 
the independent district, might be desirable. Of course such transfer would 
include entire forties of land, and no territory could be separated from the dis- 
trict to which it should belong - . Whether any change is best, must be determined 
by the boards interested, the action of the board last acting being subject to cor- 
rection on appeal. In order that the matter may come again without prejudice 



58 SCHOOL LAW DECISIONS. 

to the attention of the boards, the decision of the county superintendent is 
reversed and the case remanded to him to be reopened and heard again. We 
think he will be compelled by necessity to affirm the decision of the board of the 
independent district of Kirkville, in refusing to concur in the transfer proposed 
by the district township. This will leave all matters as nearly as possible in the 
same condition they were before any action was taken. It will then be in order 
for either board at any time to initiate such a change of boundaries as may seem 
demanded. There is no absolute necessity for a petition or request. A petition 
may be used to bring to the attention of the board the kind of action desired by 
the petitioners, but a board may act with equal directness without such request. 

Reversed and remanded. 
J. B. KNOEPFLER, 
April 6, 1892. Superintendent of Public Instruction. 



C. F. Scheppele v. Independent District of Stone Hill. 

Appeal from Dubuque County. 

REHEARING. In refusing a rehearing, or in granting the same, unless the dis- 
cretion of the county superintendent was unjustly exercised, his decision must be 
affirmed, on appeal. 

New Trial. To warrant another trial, material reasons must appear, to prove 
that a second hearing is desirable. 

Proceedings. In the absence of proof to the contrary, the legal presumption is 
that the proceedings before the county superintendent were entirely regular. 
Rehearing. The presumption that the trial was regular and the proceedings 
full and complete, must be overcome by the reasons urged for the rehearing'. 
Rehearing. A new trial should be refused unless cogent reasons are produced, 
causing doubts to arise as to whether the merits of the case were fully and 
fairly set forth at the former hearing. The reasons urged must present a strong 
probability that a modification of the decision might be found desirable. 

The county superintendent refused to grant a rehearing in this case. The 
affidavit of appeal from his decision of refusal alleges a large number of errors 
urged as having been made in thus refusing to allow a new trial. It is obvious 
that we are to determine only a single question. In refusing a rehearing, did the 
county superintendent err to such an extent as to warrant a reversal? 

The motion for a second trial must be addressed to the judgment and discre- 
tion of the officer to whom the motion is presented. In granting or refusing to 
grant such a request, the county superintendent has original jurisdiction and his 
conclusions must receive from us the same consideration on appeal which he him- 
self is bound to give to the discretionary acts of the board. If error conclusively 
appears, a discretionary act may be set aside. But every reasonable doubt inures 
to the benefit of the party whose acts are questioned. 

In order that we may be warranted in reversing the decision of the county 
superintendent and remanding this case to him for a retrial, we must first be well 
satisfied that his discretion in refusing the rehearing was unjustly exercised. If 
he failed properly to appreciate the reasons urged, not giving full consideration 
to all existing facts within his knowledge, and without due examination arbitrarily 
refused the rehearing, then the consideration merited by his discretionary act is 
correspondingly diminished. 

Having very carefully reviewed the testimony with reference to the several 
points of error urged, and closely examined the many authorities and references 
cited by counsel in the case, and other additional authorities, we are unable to 
find that the county superintendent erred in refusing the motion for a rehearing. 
The real merits of the case seem to have been very clearly within full review at 
the trial of the appeal. Some trivial matters may have been omitted, but in the 
main, the leading issues were clearly outlined. After due deliberation, the order 
of the board was affirmed, and decisive reasons given for such conclusion. 



SCHOOL LAW DECISIONS. 59 

Unless the county superintendent could briny himself to believe that another 
trial was best, he could not in justice to all concerned grant the motion in ques- 
tion. We do not find that the leading reasons urged were well supported. 
Although these leading reasons may not have been referred to frequently at the 
time of hearing, they were within the full knowledge of all the parties to the 
trial. We must presume that the fact of the nearness of the dairy and the bone- 
yard, and the claim that the action of the board was influenced by private inter- 
ests, were not disregarded by the county superintendent in making up his mind 
as to his final decision. 

It must be assumed that the board would not select a site clearly unfit for use. 
A location upon swampy ground would be manifestly an unsuitable site. And the 
choice of a site so near any manufactory as to interfere unduly with the use of the 
schoolhouse for school purposes would be a palpable abuse of discretion. If any 
of these conditions actually exist in this case, as now urged in asking us to order 
a new trial, the aggrieved parties had ample opportunities to bring convincing 
proof of such facts into their case at the time of its trial, and if they could have 
found such testimony and failed to do so, they were derelict to their own interests. 
But the evidence fails to disclose unsuitableness in any of these particulars, or to 
indicate that the county superintendent failed in any manner to give serious and 
respectful consideration to every reason for a new trial that was presented to his 
notice. His action in refusing a rehearing is Affirmed. 

J. B. KNOEPFLER, 

May 23, 1892. Superintendent of Public Instruction. 



J. A. Claxton v. Independent District of Holmes. 

Appeal from Fayette County. 

SCHOOLHOUSE Site. The necessities of the present must be observed in locat- 
ing schoolhouse sites, in preference to the probabilities of the future. 
Schoolhouse Site. The prospective wants of the district may properly have 
weight in determining the selection of a site, when such selection becomes neces- 
sary, but not in securing the removal of a schoolhouse now conveniently located. 

On the 21st of March last, the board, by two affirmative votes to one negative, 
relocated the schoolhouse site at a point eighty rods west of the present site. 
From this action J, A. Claxton appealed. The county superintendent reversed. 
D. S. Thompson now appeals to this department. 

The proceedings in this case appear to be entirely regular. There was no 
violation of law. Appellant does not allege malice or prejudice. Therefore 
abuse of discretion was the only point to be considered by the county superin- 
tendent. He decided, after a full hearing of the case, that there had been abuse 
of discretion sufficient to warrant him in reversing the board's order. It is for 
us to review the testimony on which he made this decision, and the argument 
offered in the appeal before this tribunal. 

In cases such as the present, the question for an appellate tribunal to deter- 
mine is not which of two sites is the better, but whether the site selected is 
under existing and prospective conditions of the district, at all fit and suitable 
for a schoolhouse site, as well as fair to the patrons. And to determine this, 
various factors must be taken into consideration. There should be unusually 
strong reasons for abandoning a site provided with a good well, especially if the 
new site is on lower ground as in the present case, where good water may not be 
procurable. Trivial differences in distance should not usually be allowed to lose 
to a district the value of shade trees already well advanced. Wells and trees 
cannot be moved, and with the latter, it not only makes expense, but requires 
years to replace them. However, in all this, and in the doubt that is raised 
whether the new site is a fit one at all on account of being low and wet, we are 
disposed to give the board the benefit of the doubt. 



60 SCHOOL LAW DECISIONS 

Counsel for appellant states that the little village of Donnan, in the north- 
western part of the district, is certain to grow considerably in the near future 
because of being at the junction of two railroads, and that therefore it should 
have better school facilities than are afforded by the old site. Taking the pre- 
mises in this reasoning as correct the conclusion is sound, only that it does not 
go far enough Donnan villag-e would demand better school facilities than even 
the new site would afford. It would ask to be set off in an independent district 
and have its own local school, taking with it more or less of territory off the west 
side of the .Holmes district. This would leave the schoolhouse on the new site 
considerably too far west of the geographical center and center of population of 
the district as it would then be left, especially so since many of the residents in 
the eastern half live in the extreme eastern limits of the district. 

Therefore, taking all these things into consideration, while fully realizing- 
how reluctant this department has always been to interfere with the discre- 
tionary acts of a board, we think it will be better for the schoolhouse to remain 
on the old site for the present When a north and south highway shall have 
been actually constructed and its location thus made certain, and when the neces- 
sities of the northwestern portion of the district shall be more definitely under- 
stood, it will be easier to determine the needs of the district, and choose a site 
that shall be permanent, if removed from the present site. The board may then, 
if it sees fit, take action again on the question of relocation. The decision of the 
county superintendent is hereby Affirmed. 

J. B. KNOEPFLER, 

November 23, 1892. Superintendent of Public Instruction. 



Ole Thompson et al. v. District Township of Belmond. 

Appeal from Wright Cotmty. 

Testimony. Opinions unsupported by facts do not become satisfactory evidence. 
Discretionary Acts. The order complained of is reviewed not to discover the 
desirability of the action, but to determine whether sound reason and wise dis- 
cretion were followed. 

Discretionary Acts The fact that some other action would have been desir- 
able or preferable does not establish that the board abused its discretion. 
Board of Directors. Its action is presumed to be correct and for the interest 
of the district, until proved to be otherwise 

Discretionary Acts. In the determination of appeals, the weight which prop- 
erly attaches to the discretionary actions of a tribunal vested with original juris- 
diction should not be overlooked. 

This case comes before the superintendent of public instruction on appeal taken 
by John L. McAlpine from the decision of the county superintendent reversing 
the action of the board in refusing to create certain additional subdistricts as 
prayed fof in a petition. 

The point at issue is a simple one, being merely a question of discretion on the 
part of the board as to whether it was best to take or not to take a certain action. 
The decision of the county superintendent compels the board to do what it did not 
deem wise or necessary. Doubtless there are instances when such a ruling on the 
part of an appellate tribunal is needed. But does the evidence warrant such a 
decision in the present case? The affidavit bringing the case before the county 
superintendent does not allege violation of law, or prejudice. Neither does such 
appear in the testimony, The law gives boards very wide latitude in the exercise 
of their discretionary powers. Not infrequently cases arise in which an appellate 
tribunal would sustain their discretionary action whether they granted or refused 
to grant a given petition, there being no manifest abuse of such discretion in either 
action In any event, the action of a board is presumed to be correct and for the 
interest of the district until proved to be otherwise. Mere opinions of witnesses 



SCHOOL LAW DECISIONS. 61 

that a different action would have been preferable cannot be accepted as evidence. 
Statements of facts and existing conditions must be given. Even then the fact 
that some other action would have been desirable or preferable does not establish 
that the board abused its discretion. It must be shown that the action complained 
of is an injury to the district or does gross and needless injustice to the patrons 
thereof. The decisions in this line by our predecessors are numerous and pointed, 
and we fully concur in the position taken. 

In the present case the evidence does not show that any one is made to suffer 
injustice by the board's action. Ample provision has been made to accommodate 
all of the pupils of the territory in question with school privileges. It is not in 
evidence that the formation of three subdistricts out of the one would improve 
these facilities, since the subdistrict now has three schoolhouses located for the 
convenience of the respective portions of said subdistrict. 

For the county superintendent, or the state superintendent, to render a decision 
invariably as he would have voted had he been a member of the board, is not what 
the law intends when clothing these officers with authority to try and decide 
appeals. Malice, prejudice, violation of law, is the board guilty of any of these? 
Or has it gone beyond sound reason and wise discretion in taking or refusing to 
take a given action? These are the questions for both tribunals to inquire into. 

While we believe the county superintendent endeavored conscientiously to hear 
and decide the present case fairly, yet in the light of the foregoing reasoning we 
do not find that the evidence discloses grounds sufficient for refusing to affirm the 
board, and the decision of the superintendent is therefore Reversed. 

J. B. KNOEPFLER, 

March 11, 1893. Superintendent of Public Instruction. 



J. O. Severeid and John Stenberg v. Ind. District of Fieldberg. 

Appeal from Story County. 

SCHOOL Privileges. Are not guaranteed children elsewhere than in the dis- 
trict of their residence. 

School Privileges. To the fullest extent possible, the board should equalize 
the distance to be traveled to school. 

School Privileges. Attendance in another district depends upon the board 
of that district, and must therefore be regarded as a contingency. 

The transcript in this case shows that on March 20, 1893, the board in answer 
to a petition relocated the school site and made an order to move the schoolhouse 
on the site selected, the latter being more than three-fourths of a mile north of 
the present site. John O. Severeid and John Stenberg appealed to the county 
superintendent who affirmed the order of the board. The same parties now 
appeal to the superintendent of public instruction. The essence of affidavit filed 
by appellants is abuse of discretion by the board because several families will be 
compelled to go two miles or more to reach the schoolhouse on the new site. 

The district consists of four sections in the southwest corner of Palestine 
township. The schoolhouse as now located is in the geographical center of the 
district and within a distance of one and three-fourths miles from the most 
remote patrons. In the northern part of the district, in fact on the extreme 
northern boundary, lies the village of Huxley. It is in the edge of this village, 
and therefore almost in the limits of the district that the new site has been 
selected. Two of the directors residing in said village and being the two who 
voted for the new location. The district has a school enumeration of sixty-eight, 
of whom about forty live in Huxley These pupils have been going to the center 
of the district, where the schoolhouse now is, a fraction over one and one-fourth 
miles. For the better accommodation of these pupils the removal was ordered. 
While some attempt is made to show that the site chosen is unfit, that the 



62 SCHOOL LAW DECISIONS 

cost of moving will be excessive, and that there was undue prejudice, we do not 
find that any of these charges are sustained We may therefore consider merely 
the element of distance to the new site. It is in evidence that some of the school 
patrons will have two and one-fourth miles to reach the new site, while there are 
five families with nine children whose distance will be over two miles, also that 
about twenty-nine children at present will be unfavorably affected and about 
thirty-seven favorably. While the new site will accommodate a majority of the 
pupils, still it is considerably north of the center of population. The board and 
the petitioners seemed to realize clearly that the contemplated site would leave 
several families at a great disadvantage as to school privileges, since they state 
that these families can be accommodated in other districts. They realized that 
an injustice would be done if these families should be compelled to travel to the 
new site for school conveniences. But there is 'nothing offered in evidence to 
show how said patrons can be accommodated elsewhere. It is not shown that 
they will be as near even another school as to their own, provided they might 
attend such a school. For aught that appears in the evidence, they may be 
three or more miles from any other school. Even if there be one nearer, there is 
no positive evidence that the board has made arrangements for the schooling of 
said pupils in another school, or even that it can make such arrangements. Wit- 
nesses say that they think said pupils could attend in some other district, but 
this belief merely cannot be received as satisfactory evidence on this point. 
What are the probabilities that such provisions can be made for the children of 
the five families under consideration? The territory on which these families 
reside cannot be set off to another district for the reason that territory cannot be 
detached to districts in a different township as would be necessary in this case. 
Neither is it legal to reduce independent districts to less than four sections 
except in special cases. See chapter 133, laws of 1878, as amended by chapter 
131, laws of 1880, page 84, S. L. 1892. 

The board is not sure of securing school privileges for said pupils elsewhere 
without such transfer of territory, because it will require the concurrence of ^ 
another board which may absolutely refuse. In any event the board of Fieldberg 
independent district is not able to guarantee school privileges to these families 
elsewhere than in their own district, since the matter does not rest wholly in its 
own power. While the law does not as many suppose, prescribe a maximum dis- 
tance for school travel, yet by permitting provisions to be made under given con- 
ditions for children to attend other schools than their own when they live more 
than one and one-half miles from the latter, it is evident that the legislature 
regarded this distance about as far as a child should travel to reach school. 

It is the duty of the board to furnish reasonable facilities in its own district 
for all the children thereof Even a minority of only five families has rights and 
claims which may not be ignored. To give a majority of the district located in a 
village convenient school privileges by practically cutting off others entirely 
from any privileges of education, we believe after long and careful study to be an 
abuse of discretion sufficient to warrant reversing a board taking such action. 
The distance these families will be compelled to travel to school will be such as 
largely to deprive them of their just rights in the matter of enjoying school 
accommodations. 

We are aware that this department has ever stood for sustaining the discre- 
tionary acts of a board. In this case, however, we believe that abuse of discretion 
has been fairly proven by the appellants. Doubtless the board had not fully con • 
sidered the fact that rights of appellants could not be so ignored in the effort to 
improve the school conveniences of other parts of the district, or did not consider 
that providing school privileges for appellants in some other district is hedged 
about with such complications and uncertainties. The case is different from 
what it would be had theirs been a district township instead of an independent 



SCHOOL LAW DECISIONS. 63 

district. In the former case the matter would be much more in its own hands 
It could rearrange boundaries to accommodate those at too great a distance from 
the new site, a matter which the board in the present ease cannot do. If it was 
satisfactorily established that said families had been ur could and would be per- 
manently provided with better school facilities elsewhere such accommodations 
being annually dependent upon conditions in the district in which they might 
desire to attend, especially in the disposition of each new board, it would have 
been a comparatively clear case for affirming the action of both board and county 
superintendent. Because the distance of five families is to our mind needlessly 
increased and their school privileges nearly cut off and because there is no proof 
that another school is nearer with provision that they could attend such school, 
if there is one, and it seeming quite doubtful whether such provisions can be 
made at all, we feel that the interests of said families should be protected. We 
have no reason to question the intentions of any parties connected herewith. We 
simply state that in our opinion the board did not consider the difficulties in the 
matter of providing school facilities for the five most distant families. 

The decision of the superintendent is Reversed. 

J. B. KNOEPFLER, 
August 14. 1893. Superintend' at of Public Instruction. 



Bradford Ingraham v. District Township of Hartford. 

Appeal from Iowa County. 

SCHOOLHOUSE Site. It is not the province of an appeal to determine which of 
two sites is the better. 

Testimony. If selfish or other improper motives are complained of, the testi- 
mony must show such facts conclusively. 

The history of this case is brief. March 20, 1893, the new township board hav- 
ing then just organized, on motion appointed a committee of three to relocate the 
site of schoolhouse in subdistrict number eight, said site to be near the geo- 
graphical center of said subdistrict. On the 20th of May, at a special called 
meeting, it was moved to reconsider the motion to relocate the schoolhouse in 
subdistrict number eight, which motion was carried. By another motion the 
committee appointed at the former meeting was discharged. It is from this 
action of the board on May 20 that Bradford Ingraham appealed to the county 
superintendent, and from the latter's decision affirming the action of the board, to 
the superintendent of public instruction. 

In his affidavit, Mr. Ingraham alleges that the board was influenced by selfish 
motives and further alleges in effect that the board abused its discretionary 
powers. The abuse of discretion, if such it is, consisted in the unequal distance 
of travel from the different parts of the subdistrict to the schoolhouse. A care- 
ful reading of the case as filed in the transcript, fails to disclose any selfish or 
improper motives on the part of the board, and we dismiss this charge without 
further comment. 

Counsel for appellant discusses at some length the effect of a vote to recon- 
sider, and then not reconsidering, not voting on the former motion. It is claimed 
that the board merely voted to reconsider former motion to relocate, and that no 
further action being then taken, the motion to relocate remained before the 
board until it should be acted upon one way or the other, or that not being taken 
up within a month, it was terminated, leaving the previous action thereon in 
force. Counsel for appellees claims if the first be true, then the case should have 
been dismissed, as no action had been taken from which to appeal. 

Technically the vote to reconsider the former motion placed said motion before 
the board again, as if it had not been voted on, and left it ready for debate and 
adoption or rejection. But it is clear that the board intended to rescind its 



64 SCHOOL LAW DECISIONS. 

former action and evidently understood the word reconsider in the sense of 
rescinding. It is quite a common misapplication of the word. That this was the 
intention is the more conclusive, when we note the subsequent vote of the board 
in discharging its committee. 

In providing for appeals before the county and state superintendent, it was 
the manifest purpose of the lawmakers to afford a speedy, inexpensive remedy, 
stripped of undue technicalities, for certain classes of grievance. Holding this 
view, we must recognize the intent of the board, rather than what it did under a 
technical construction of language. Apparently the board itself made the relo- 
cation and appointed a committee chiefly to arrange the details and see to the 
removal of the schoolhouse. At the May meeting no action was taken by the 
board on the report or statement made by the committee. The resolution of the 
board at the March meeting located the site about eighty rods east of the old 
site. The rescinding of this amounted to a new location or to undoing the former 
action, a thing they clearly had a right to do. Members of the board had 
changed their views. 

No evidence is introduced to show that either site is in itself unsuitable. It 
is merely a question of distance. It is a question of moving the schoolhouse away 
from some and nearer to others. Neither site would seriously discommode any 
one according to the plat sent up with the transcript. It is in evidence that only 
one more pupil would be better accommodated at the new site than at the old. 
It is not the province of this department, nor of the county superintendent, to 
determine which of two sites is the better. An appellate tribunal in such cases 
may determine only whether the board has chosen a grossly unsuitable or unjust 
and unfair site. If so the board should be reversed. If not, it should be sus- 
tained, even though a better site could be found. 

In the present instance, no gross injustice is done, no manifest error committed 
In fact both sites are good, and we should be compelled to sustain the board on 
appeal in the selection of either the present or the new site. We hold that the 
county superintendent committed no error in affirming the action of the board 
when it practically rescinded its former motion for relocation and chose to keep 
the old site. His decision is therefore Affirmed. 

J. B. KNOEPFLER, 

December 21, 1893. Superintendent of Public Instruction. 



W. S. Kenworthy et al. v. Independent District of Oskaloosa. 

Appeal from Mahaska County. 

Discretionary Acts. The order of a board should be reversed only upon the 
plain showing that the law has been violated or discretion grossly abused. 
Board of Directors. Has full power to provide and enforce a course of study. 
Rules and Regulations. The burden of proof is with the appellant to show 
that a rule is unreasonable. 

The history of the case is this. The board has a regulation that all pupils 
shall provide themselves with text-books suitable to their grade, and that failing 
to do this they shall be suspended until they comply with the rule. 

The children of the appellants were under this rule suspended from school for 
not being provided with the music books in use in said schools. The parents 
appealed from the ruling of the board to the county superintendent who reversed 
the action of the board, and the board appeals. 

It is an established rule that the action of a school board should be reversed 
only upon the showing that it has abused its discretion or violated the law. In 
this case the county superintendent avers that it violated the law in that it did 
not advertise for bids as required by section 5 of chapter 24, Laws of 1890, before 
the music books were adopted. 



SCHOOL LAW DECISIONS. 65 

There is nothing 1 in the transcript to show that it was acting under the pro- 
visions of this chapter, which it could not do unless so instructed by the electors 
of the district. See section 12 of said chapter. So much of the county superin- 
tendent's decision as refers to this may then be dismissed from the case. 

It is further claimed that it abused its discretion by adopting an unreasonable 
rule. This is the real question at issue. 

With their power to establish and maintain graded schools, all boards are 
invested with the authority to prescribe a course of study in the different 
bi'anches to be taught. It is not our province to determine what the courts might 
hold in this case. They have held that in case a pupil refuses to conform to a 
course of study as prescribed by the board, the proper remedy is suspension and 
not corporal punishment. See 50 Iowa, 145 They have also held that a rule 
suspending a pupil for a certain number of absences or tardinesses is reasonable, 
and may be enforced. See 31 Iowa, 562. It is true that they also have held that 
a pupil may be suspended only for gross immorality or persistent violation of 
reasonable rules. See 56 Iowa, 476. 

In this case it is nowhere shown that the children would in any way be injured 
by the study of music, or that their health or wellbeing demanded that they 
should be excused from the study in question. 

There is fair ground for considering the refusal to purchase the books as a 
failure to comply with a reasonable regulation of the board. The rule of the 
board was made so as to bear with equal force upon all the pupils in the school. 
And in order to make it as little oppressive as possible it offered the books at the 
least expense possible, and that none might be deprived of the benefits of the 
study the board authorized the teachers to loan the text-book in music without 
charge to children whose parents were in indigent circumstances. 

The law has invested boards with very large discretionary powers, under 
which they may grade the schools and establish such regulations as may seem to 
them best for the interest of the entire school. The burden of proof in this case 
was with the appellants to show that the rule is unreasonable, or that in obeying 
it their children would suffer some hardship. This we think they have failed to 
do, and the decision of the county superintendent is therefore Reversed. 

HENRY SABIN, 

February 12, 1894. Superintendent of Public Instruction. 



J. Himelick et al. v. District Township of Pleasant. 

Appeal from Monroe County. 

County Superintendent. To warrant setting aside the order of a board, its 
error must appear plainly. 

COUNTY Superintendent. Examines critically the testimony, to determine 
whether any good reason is found requiring a reversal of the order of the board. 

On appeal, the county superintendent affirmed the order of the board by 
which several changes were made in subdistrict boundaries, with a view to a 
better and more economical subdivision of the district township. It is urged by 
the appellant that the county superintendent erred in sustaining the action of 
the board, for the reasons, among others, that the board should first have pro- 
vided a highway to any proposed new schoolhouse site, also in holding that 
patrons are not injuriously affected to the extent that the order of the board 
should therefore be set aside; and also that his decision supporting the board is 
against the weight of evidence, and prejudicial to the best interests of the entire 
district township. 

A close comparison of the very clear and full statements made in the county 
superintendent's decision with the testimony in the case, does not disclose any 
good reason for reversing his decision. It is evident that a site cannot be 



66 SCHOOL LAW DECISIONS. 

relocated to accommodate the subdistrict newly formed, until such subdistrict 
is created and in effect. An appeal will lie to correct a legal error made by the 
board in fixing any site. 

The testimony is conclusive that the changes made by the board will be to the 
advantage of many patrons. It often occurs that such necessary changes will dis- 
commode some, who previously may have been favored. It is in evidence that 
the board considered very fully the claims of all parties, and that the action 
finally taken seemed demanded by the g-ood to come to the larger number 

"We think the county superintendent rightly held that the weight of evidence 
supported the order made by the board. In hearing the appeal, he very properly 
reviewed the action taken by the board, in the capacity of an appellate tribunal, 
not as viewing matters in the way he might have done if he had been a member of 
the board, and thus possessing original jurisdiction, but he simply examined 
critically the testimony in the case, to determine whether any good reason could 
be found which would require that the order of the board should be reversed 
To warrant a county superintendent in setting aside the order of the board, its 
error must appear plainly. 

In this case, the matter hinges upon the determination of the single question, 
— Did it abuse its discretion? After a fair hearing, the county superintendent 
held that it had not done so, and as before stated, we can find no good reason to 
differ from his conclusion. Affirmed. 

HENRY SABIN, 

April 26, 1894. Superintendent of Public Instruction. 



Ella Benson and Belle Robertson v. Dist. Twp. of Silver Lake. 

Appeal from Dickinson County. 

Contract. It is the province of the courts of law to decide as to the validity of 
a contract. 

County Superintendent. Does not have the power to interpret the legal 
value of a contract. 

This case turns upon the construction to be given to a contract. The validity 
of the contracts in the sense claimed by the appellants is questioned and denied 
by the board The teachers assert that said contracts are of full force for the 
nine school months named in the contracts, and the board contends that no 
authority was granted by it to any one to contract -for more than six months, and 
that therefore the contracts can have no force beyond the term of six months. It 
is the province of the courts of law to decide as to the validity of a contract In 
the trial of an appeal as soon as it becomes clearly apparent that the principal 
issue is of a kind intended by our statutes to be heard and determined only by the 
courts of law, the appeal should be dismissed. As the real matter to be decided 
in this case is what the contracts actually are and what force must be given to 
their essential conditions, it follows that the county superintendent did not err 
in dismissing the appeal for want of jurisdiction. 

This case is not parallel with Kirkpatrick v The Independent District, etc., 53 
Iowa, 585, in which it is held that the remedy of a teacher wrongfully discharged 
is appeal, and not an action at once in the courts to recover compensation. In 
the present case the board did make an order discharging these two teachers, but 
it is clearly apparent that the county superintendent could not review that order 
of the board without proceeding upon the assumption that the contracts had force 
and validity, and he did not have the power to interpret the legal value of a con- 
tract. We are compelled to find that the only remedy of the appellants is an 
action in a court of law. The decision of the county superintendent is affirmed 
and the case Dismissed. 

HENRY SABIN, 

August 11, 1894. Superintendent of Public Instruction. 



SCHOOL LAW DECISIONS. 67 

Samuel Fallon v. Independent District of Fort Dodge. 

Appeal from Webster Covmty. 

Attendance. An actual resident may not be denied equal school advantages 

with other residents. 

Board of Directors. May adopt its own course to decide the question of actual 

residence. 

Tuition. Failing- to substantiate a claim to residence, a non-resident may attend 

school only upon such terms as the board deems just and equitable. 

In this case the two sons of the appellant, aged nineteen and sixteen years, 
were refused admission to the schools unless they would pay tuition. They 
claimed to be residents of the district and that they were entitled to the same 
privileges as other residents. Being denied admission they appealed to the 
county superintendent, who affirmed the order of the board. 

The entire case turns upon the fact of the residence of the children. If a 
board concludes that a child is an actual resident, it cannot deny him equal school 
advantages with other residents. But if it cannot be satisfied that an applicant is 
an actual resident, then it is its duty to make the same requirements that are 
demanded of other scholars who may be sojourning temporarily in the district. 

It will be of interest to inquire as to who may decide definitely the question of 
residence, and as to the manner in which the matter should be considered. In 
view of the fact that the matter has given a great deal of trouble in a number of 
districts, this department has had occasion frequently to submit questions involv- 
ing some phases of the subject to the attorney-general, for his official opinion. In 
one of these opinions he uses the following language, which we think is quite 
applicable in this present case: 

"It may be said that it is nowhere provided in the law what course the board 
of directors shall pursue in determining whether a pupil is a resident of the dis- 
trict, nor is the board directed as to the kind of evidence that shall be produced, 
nor as to the manner of producing it in determining such question. In the absence 
of such a provision directing the board as to its course of proceeding in such cases, 
I think that body may adopt any course it sees fit and take any kind of evidence it 
chooses in deciding this question of residence. I think it may make such decision 
from its own knowledge of facts; from the observations of the members; from the 
statements, sworn or unsworn, of parties who have knowledge of the facts, or from 
any other fair and impartial method of obtaining information bearing upon the 
point at issue. I do not think the board has power to compel the attendance of 
witnesses, or to administer oaths to them; but in gathering its information and in 
deciding the question, it must act in entire good faith and with a view to getting 
the exact truth and making its decision according to the very right of the matter. " 

It is in evidence that the board in this case acted with deliberation, and it is 
not claimed that it failed to receive any testimony or statements that would tend 
to make a final determination of the matter by it any more clear or conclusive. In 
reviewing its decision on appeal the county superintendent was unable to find that 
it had abused its discretion, had acted without the fullest information within its- 
reach, or had arrived at any other than an equitable conclusion. 

This department has continuously held, in interpreting section 1794, that the 
board is to be satisfied that the residence of the scholar is actual. The burden of 
proof rests upon the child who has recently come into the district, to establish 
the fact of residence, before he can be admitted to school privileges free of tuition. 
Failing to convince the board and to substantiate his claim of residence, he can. 
attend only upon such terms as the board may deem just and equitable. 

In this case we do not find that the county superintendent erred in affirming 
the order of the board requiring the children of Mr. Fallon to pay tuition as an. 
essential condition to attendance. His decision is therefore Affirmed 

HENRY SABIN, 

September 1, 1894. Superintendent of Public Instruction. 



68 SCHOOL LAW DECISIONS. 

G. O. Rogness v. District Township of Glenwood. 

Appeal from Winneshiek County. 

APPEAL. "Will lie from an action of the board which is made a matter of record. 
Appeal. Maybe taken from the action of the board in laying the subject-matter 
of a petition on the table. 

It appears that at the meeting- of the board, held September 17, 1894, Geo. O. 
Rogness presented a petition asking that the board redistrict said township, and 
also that an extra school be kept for four months in a certain school building, 
situated on the farm of E. Bolson. By vote of the board said petition was laid on 
the table. An appeal was taken to the county superintendent, who dismissed the 
same on the ground that no action was taken by the board which could furnish 
the basis of an appeal. The case comes now on appeal before the superintendent 
of public instruction. 

The only point to be decided is whether an appeal may be taken from a vote 
to lay on the table. The words of the law in section 1829 are that any person 
aggrieved by any order or decision of the board may appeal. The transcript sent 
up by the secretary in this case reads: "Moved and carried that the bill 
(petition) of G. Rogness be laid on the table." It must be held that this con- 
stitutes an action on the part of the board. The motion to lay on the table was 
made, was voted upon, was declared carried, and is so recorded upon the secre- 
tary's book. The above conclusion is in accord with the unvarying opinion of 
this department for a long number of years. 

It is to be noted that in the case cited by counsel for the side of the district, in 
71 Iowa, page 631, the supreme court does not attempt to decide what constitutes 
an action. It refers to cases in which the board purposely intend by neglect or 
refusal, to avoid taking an -action or making an order or decision. In the case 
we are now deciding, the board made an order, which the secretary recorded in 
the minutes, " that the petition be laid upon the table." The decision of Superin- 
tendent Abernethy, see S. L. Dec. 1892, page 62, that the motion to lay on the 
table "furnishes a convenient method of disposing of the matter," appears to be 
to the point. The right of the board to make such a disposition of a case cannot 
be questioned, but it must be regarded as an action subject, like any other action, 
to appeal. 

After studying up carefully the precedents as established by the rulings of 
this department, and reading with equal care the cases cited by counsel, we can 
arrive at no other conclusion. The case is reversed, with the suggestion to the 
superintendent that he remand the case, in order that the board may take such 
further action as may seem fair and just to all concerned. Reversed. 

HENRY SARIN, 

January 11, 1895. Superintendent of Public Instruction. 



Mary Grey v. Independent District of Boyle. 

Appeal from Iowa County. 

BOARD OF Directors. In locating a site the board acts wisely in taking into 
consideration the prevailing sentiment of the people. 

County Superintendent. Should reverse the action of the board only upon 
the clearest and most explicit proof of abuse of discretion. 

The history of this case is not different from that of many others. The school- 
house of the district is unfit for use, and the electors voted bonds to build a new 
one. By a vote very nearly unanimous they directed the board to locate the new 
house' on a site 160 rods east of the present site. While we do not hold that this 
vote was binding upon the board, it showed at least the prevailing sentiment of 



SCHOOL LAW DECISIONS. 69 

the district, and the board acted wisely in taking it into consideration, in select- 
ing a new location. See also case on page 75, S. L. Dec. 1892. 

As it was not able to purchase a site desired by the electors, the board 
chose one 30 rods farther west. From this action Mrs. Mary Grey appealed. The 
county superintendent reversed the order of the board and appeal is taken to the 
superintendent of public instruction. The transcript as sent up with the case 
reveals no new point of law to be considered. The proceedings of the board were 
regular and in accordance with the law. The evidence nowhere shows any pas- 
sion, prejudice, or malice, on the part of the board. The responsibility of 
selecting the site rests with the board, that body having original jurisdiction. 
See also case on page 138, S. L. Dec. 1892. The county superintendent having 
only appellate jurisdiction should reverse its action only upon the clearest 
and most explicit proof of abuse of discretion. Reference is here made to the 
case of Edwards v. THst. Twp. of West Point, page 22, S. L. Dec. 1892, as pre- 
senting a very conclusive discussion of the principles involved. 

While we always regret to be compelled to disturb the decision of a county 
superintendent, and concede that in this particular case the county superinten- 
dent was actuated only by the best motives, we cannot find any such satisfactory 
proof that the board erred, as would warrant the county superintendent in revers- 
ing its action. The decision of the county superintendent is Reversed. 

HENRY SABIN. 

August 26, 1895. Superintendent of Public Instruction. 



Mary Grey v. Independent District of Boyle. 

Appeal from Iowa County. 

Application for a Rehearing. 

Rehearing. To obtain a rehearing the necessity must be clearly shown. 
Testimony. New testimony can be introduced only when the facts materially 
affecting the case could not have been known before the trial. 

Comes now the attorney for Mary Grey, and asks a rehearing in this case. 

It is a reasonable presumption that the merits of the case were fully presented 
at the time of the trial before the county superintendent. The party asking for 
a rehearing does not claim that any testimony has been discovered which could 
not have been introduced at the time of the original trial. The course which he 
urges would in effect be to initiate a new case, and introduce testimony concern- 
ing a site which neither the board of directors nor the county superintendent had 
in mind, as disclosed by the transcript sent up to this office. 

By using reasonable diligence, the facts set forth in the affidavit asking for a 
rehearing, might have been produced before the county superintendent, but it 
may not properly be claimed that a rehearing for such a purpose should now be 
granted. See second paragraph on page 109, case in S. L. Dec. 1892. If the case 
were reopened, it could be only to ascertain whether the merits of the case were 
fully and fairly set forth at the former hearing, as determined by the transcript 
of the case, certified to by the county superintendent as a record of the proceed- 
ings before him. No new testimony as to the desirableness of any other site 
could be admitted. The time for the introduction of such testimony was at the 
first trial, and we do not see that there is anything to be gained by reopening the 
case. It would be to consider only the same points which we endeavored to con- 
sider fairly and fully in our decision of August 26, 1895. The motion for a rehear- 
ing is denied. 

HENRY SABIN, 

September 4, 1895. Superintendent of Public Instruction. 



70 SCHOOL LAW DECISIONS. 

Mary Gregory v. W. A. McCord, Co. Stjpt. 

Appeal from Polk County. 

County Superintendent. Unless a marked abuse of discretionary power is 
clearly and conclusively proved, his action in refusing or revoking a certificate 
will not be interfered with on appeal. 

Section 1767 provides that if the county superintendent is satisfied that an 
applicant possesses the requisite knowledge of the branches specified in section 
1766, and a good moral character, together with the essential qualifications for 
governing and instructing children and youth, then said county superintendent 
shall grant a certificate to teach in the schools of his county, for a time not to 
exceed one year. If he is not satisfied that the candidate is adequately qualified 
in every one of these particulars, then the certificate may be denied. 

Section 1771 provides that the county superintendent may revoke a certificate 
for any reason which would have justified the withholding thereof when the same 
was given, provided that there shall be an investigation, of which the teacher 
shall have personal knowledge and be permitted to be present and make defense. 

It must be left entirely to the judgment of the county superintendent to 
determine what are the essential qualifications for governing and instructing 
children and youth. No court will attempt to control his discretion in this mat- 
ter. He may conclude that the teacher fails through laziness, moroseness of 
temper, Avant of self-control, or by reason of some marked physical defect con 
cealed at the time of examination, or any one of many other points, without in the 
least impeaching the moral character of the teacher, or his technical knowledge 
of the branches to be taught. 

We are compelled to hold that the county superintendent had full and com- 
plete jurisdiction of the case at bar. 

The law provides that the teacher shall have the fullest opportunity to make 
his defense. The county superintendent was occupied nine days in trying this 
case. There can be no doubt that this provision of the law was complied with in 
every particular. 

The only other point to be determined concerns the abuse of discretion on the 
part of the county superintendent. A careful review of all the papers sent up in 
the transcript fails to show any passion, prejudice or malice on his part. We 
find that the proceedings were regular and in accordance with the law. 

The counsel for Mary Gregory submits a large number of errors on the part of 
the county superintendent, but we cannot find that any one of them is vital to the 
case. The rulings made by the county superintendent have no material effect on 
the final decision of the case, and the exceptions of the plaintiff are passed over. 
Special reference is made to the case of Dougherty v. Tracy, page 17, S. L. Dec. 
1892, in which this whole subject is thoroughly and fully discussed by one of the 
ablest men who ever occupied this office. 

The same discretion which the county superintendent has in issuing a certifi- 
cate, he possesses in revoking it. The supreme court has held that it cannot 
control such discretion, or substitute its own judgment for that of the officer. 
See 52 Iowa, 111. It is not for us to say that Mary Gregory is or is not a fit person 
to teach in the schools of Polk county. The law vests that right in the discre- 
tionary power of the county superintendent, and he must assume the responsi- 
bility. Unless a marked abuse of his discretionary power is clearly and conclu- 
sively proved, his action in refusing or revoking a certificate will not be interfered 
with on appeal. See Walker v. Crawford, page 115, S L. Dec. 1892 

After a careful consideration of all the points involved, we find no reason 
to warrant reversing the action of the superintendent. AFFIRMED. 

HENRY SABIN, 
September 26. 1895. Superintendent of Public Instruction. 









SCHOOL LAW DECISIONS. 71 

E. E. Amsden v. Independent District of Macedonia 

Appeal from Pottawattamie County. 

Affidavit. The affidavit may be amended when such action is not prejudicial 
to the rights of any one interested. 

Affidavit. Must be accepted, if sufficient to give the appellant a standing. 
Appeal,. Mere technical objections should not prevent the fullest presentation 
of the merits of the case, in the trial of an appeal. 

Testimony. Sufficient latitude should be allowed in the introduction of testi- 
mony to permit a full presentation of the issues involved, even if irrelevant 
testimony is occasionally admitted. 

There are certain facts in this case concerning which there is no disagree- 
ment. The board of directors contracted on the 2(5th day of March, 1895, with E. 
E. Amsden, to teach upon terms clearly set forth in the contract as signed by 
both parties. Concerning the validity' of this contract there is no doubt 
expressed. 

Upon the 5th day of July the said Amsden had a hearing before the board, 
upon definite and well specified charges. He was duly notified of these charges, 
was present both himself and by counsel at the time of trial, and was allowed to 
make his defense. The board took time for deliberation, and finally on the 8th 
day of July, made an order annulling the contract, and in effect discharging the 
teacher. From this decision Mr. Amsden appealed to the county superintendent, 
who on the 3d of September, rendered a decision dismissing the case on account 
of the legal insufficiency of the affidavit. 

There are only two questions involved. Was the original affidavit sufficient to 
enable the county superintendent to assume jurisdiction of the case? And could 
the affidavit be amended at the time of trial V 

It must be held that the lapse of thirty days from the making of the order 
sought to be appealed from does not affect in any way the right of the appellant 
to amend his original affidavit. If he offered his amendment at the time of trial, 
he complied with the usual practice. Whether the amendment should be 
admitted depends upon its nature. If it set up a new and distinct issue, one not 
involved in any way in the original affidavit, then the county superintendent 
should refuse to allow the amendment to be made. See case on page 141 in S. L. 
Dec. 1884. An amendment is, however, admissible when it tends to correct 
mistakes or to make clearer or more explicit the charges contained in the origi- 
nal affidavit. See case on page 25, S. L. Dec. 1892. In the case at bar the 
amended affidavit introduces no new issue and does not in any way prejudice the 
rights of any person. We think the county superintendent committed error in 
refusing to admit the amendment. 

Now as to the original affidavit. We do not understand what is meant by the 
term legal insufficiency. It is to be remembered that no very definite rules have 
been or can be adopted for the trial of cases before the county superintendent. 
This department has always held that the system of appeals was intended as a 
speedy and inexpensive method of adjusting school difficulties. See case on page 
25, S. L. Dec. 1892. The supreme court has held that it ''is abundantly manifest 
that the legislature designed to afford an inexpensive and summary way of dis- 
posing of these cases." See 68 Iowa, 1(31 Mere technicalities cannot be allowed 
to intervene to defeat the ends for which the system of appeals was instituted. 

The appellant sets forth in his affidavit that the board acted through passion 
and prejudice, and that he did not have the fair and imjmrtial trial guaranteed to 
him by section 1734. On these as well as on other grievances set forth in the 
affidavit, the appellant has the right to be heard before the county superin- 
tendent, to introduce testimony, and to be heard by himself or his counsel 

The law makes it obligatory upon the county superintendent to hear such a 
case, to weigh carefully and without prejudice the evidence and the arguments, 



72 SCHOOL LAW DECISIONS. 

and to render his decision in accordance with his judgment. This is the more 
important in such cases, because the teacher has no other remedy in law of which 
he can avail himself. Through some informality which does not in any way 
affect the issues in the case, he should not be deprived of his rig-ht of appeal. 

We say nothing of the merits of this case. We know nothing of them. We 
believe the affidavit of appeal was sufficient to give the appellant a standing 
before the county superintendent, and that is the only point upon which we are 
called to pass. 

The case is remanded to the county superintendent, with directions to fix a 
time of hearing the same within fifteen days from the date of this decision, and to 
notify all concerned, that they may be present. Reversed and remanded. 

HENRY SABIN, 

November 21, 1895. Superintendent of Public Instruction. 



D. C. McKee v. District Township of Grove. 

Appeal from Humboldt County. 

Subdistrict Boundaries. When an action has been reversed by the county 
superintendent, and that decision affirmed by the superintendent of public 
instruction, the board cannot act again until a material change has taken place. 
Schoolhouse Site. When purchased need not necessarily be upon a highway 
Discretionary Acts. An appellate tribunal is not to decide mainly whether 
the action complained of was wise, or the best that might have been taken, but 
simply whether a reversal is required by the evidence 

In this case the board on September 16, 1895, made two orders. By the first of 
these it divided subdistrict number 7 in said township into two subdistricts, to be 
known as number 7 and number 9, and established the boundary line between 
them. By the second action it ordered the removal of the schoolhouse, now 
located on section 34, township 92 north, range 28 west, removed and located on 
section 33, township 92 north, range 28 west, on the Sherman and Dakota road, 
and authorized the president to draw an order for the payment of the same on 
report of the committee. 

From these two actions, D. C. McKee appealed to the county superintendent, 
who reversed both actions of the board and relocated the schoolhouse on the old 
site. From the order removing the schoolhouse D. C. McKee takes an appeal to 
the superintendent of public instruction. The former action of the board divid- 
ing the subdistrict and reversed by the county superintendent is not in the case. 
This simplifies the matter and leaves as the only point to be considered, the dis- 
cretionary act of the board in ordering the removal of the building to the new site. 

The district as at present constituted is four and one-half miles from east to 
west in extreme length. The two schoolhouses stand within a mile of each other. 

There are several points brought in by the county superintendent and in the 
arguments of the attorneys which need but a brief notice. It appears that at a 
previous meeting of the board it took action removing the schoolhouse to a site 
near the present new site, which action was reversed by the county superintend- 
ent, and that there has been no material change in the district since that. This 
does not act as a bar in any sense to the present proceedings For a full discus- 
sion of this point see P. O 'Connor Jr., v. District Township of Badger, page 108, S. 
L. Dec 1892. 

The only case in which the board cannot act again "without a material change 
is when a former action has been reversed by the county superintendent^ and on 
appeal to the superintendent of public instruction, has been affirmed. In the 
case at bar the county superintendent reversed the action of the board but appeal 
was not taken to the superintendent of public instruction. 

Much stress has been laid also upon the question whether the road upon which 
the new site is located is a highway in the sense intended by the law. Section 
1826 has reference to a case in which the board condemns a piece of land for 



SCHOOL LAW DECISIONS. 7; 

Bchoolhouse purposes. But when said site is purchased by the board the provis- 
ions of sections 1825-1826 do not apply. See also for a full discussion of this point, 
case II. D. Fisher r. ZKstricl Township of Tipton page 86, S. L. Dec. 1892. 

If the site selected and purchased should be inaccessible, it might be ;: 
warranting I tie reversing of the board, but in the case at bar the site purchased 
by the board is on a highway, which both parties acknowledge has been traveled 
more or less for at least nine years. 

This leaves the only point for consideration whether the board abused its dis- 
cretion in ordering the removal of the schoolhouse. The location of the school- 
house is a matter entirely within the discretionary power of the board. Its action 
ought not to be reversed by the county superintendent without the proof 

that it has acted through passion or prejudice or from some improper motive. 
There is nothing in this case whatever to show that the board was not endeavor- 
ing to do what it believed to be for the best interests of all the people of the sub- 
district. The vote in the board stood four in favor of removal and one opposed. 
• cannot discover that there are any reasonable grounds for reversing its 
action. We are not called upon to decide whether it acted wisely or unwisely 
but simply and solely whether there is sufficient evidence to warrant the county 
superintendent in reversing its action on the grounds of abuse of discretion. We 
regret very much that we are obliged to reverse the action of the county super- 
intendent, and do not doubt that he acted according to his best judgment. We 
are, however, compelled to decide that the board did not in any way so abuse its 
discretion as to warrant an interference. Reversed. 

y HENRY SABIX, 

February 8, 1896. Superintendent of Public Instruction. 



J. H. Winget v. Independent District of Weldon. 

Appeal from Decatur County. 

Appeal. Will not lie from neglect or failure to act. There must be a recorded 
action in the matter complained of. 

This appeal was taken from the neglect of the board of Weldon to act as asked 
for upon petition signed by J. H. Winget and others. 

This department has always held that an appeal will not lie from the neglect 
or failure of a board to act upon a petition. The proper remedy in such a case is 
not appeal, but an application to a court for a writ to compel the board to take 
some action. 

The case is dismissed for want of jurisdiction. Reversed and dismissed. 

HENRY SABIN, 

March 3, 1896. Superintendent of Public Instruction. 



Hugh McMillan v. District Township of Waveland. 

Appeal from Pottawattamie County. 

Board of Directors. It is the first duty of a board to co-operate with and 

assist the teacher in the conduct of the school. 

Teacher. A teacher may justly claim and expect to receive, the assistance and 

advice of the board, and especially the help of his own subdirector, in the proper 

conduct of his school. 

Board of Directors. In exercising its power in a semi-judicial capacity, the 

board should be able to show the very best reasons for its conclusions. 

Teacher. It is alike due to the dignity of the board and the rights of the teacher 

that no one should be discharged except after thorough investigation and the 

clearest proof. If possible, the teacher should be shielded from the stigma of 

discharge. 

After a trial, conducted in accordance with law, the board, by a vote of three 
to two in a board of nine members, discharged the teacher for incompetency, in 
accordance with the provisions of section 1734. Hugh McMillan appealed to the. 



74 SCHOOL LAW DECISIONS. 

county superintendent, who reversed the order of the board. John W. Rush, 
president of the board, appeals here. 

The proceedings of the board in this case were entirely regular, and it is not 
claimed that the law was violated by it in any particular, as to its manner of pro- 
ceeding. The question to be determined by us is, was the county superintendent 
warranted in finding that the board abused its discretion to that extent to require 
a reversal of its action in discharging - the teacher. 

The testimony discloses a very undesirable condition in the school in question, 
as to the matter of discipline and the behavior of the scholars. The testimony 
discloses the fact that many of the older scholars, instead of being - an assistance 
to the teacher, and a credit to themselves and their parents, were insubordinate, 
disobedient, and disrespectful to the teacher. The testimony also discloses that 
the subdirector. instead of assisting the teacher in maintaining discipline and 
good order in the school, withheld that support so much needed by any teacher 
under such circumstances. It is not shown nor is it claimed that any of the board 
had visited the school for the purpose of aiding the teacher in enforcing rules for 
its government, as it is required to do by the first part of section 1734. Nor did 
the subdirector visit his school, as he is required to do by the latter part of 
section 1756. 

The testimony in the case is to the effect that after the incorrigible scholars 
were dismissed the teacher was much more successful in his work. "We cannot 
find from the testimony that the teacher failed in any important particular to 
attempt to do his full duty by his school, and to regard equally the rights of 
every scholar. Under all circumstances, we think it is the first duty of any board 
to co-operate with and assist the teacher in the conduct of his school. This is the 
duty of the local subdirector in a peculiar sense, as he is in close relation to his 
own school and his teacher. A teacher may justly claim and expect to receive, 
the assistance and advice of the board, and especially the help of his own subdi- 
rector, in the proper conduct of his school. See case on page 135, S. L. Dec. 1892. 
It is often the case that a little timely assistance, offered at the right time and in 
the proper spirit, will aid a teacher very materially in maintaining good order 
and discipline in his school, and in preventing many difficulties from arising, 
which might under a different course, almost certainly tend to injure the effi- 
ciency of the school. 

In this case, two of the five members present at the trial voted to discharge the 
teacher, two voted in the negative, leaving the casting vote with the subdirector 
of the school, who, as we have seen, was out of sympathy with the teacher, and 
had failed to afford his assistance to a successful management of the school. 
While it is true that in general the discretionary acts of a board are entitled to 
great weight, yet it is also true that in exercising its power in a semi-judicial 
capacity, the board should be able to show the very best reasons for its conclu- 
sions. Except upon the clearest proof, and the most convincing reasons apparent 
to the board that the good of the school demands the discharge of the teacher, 
a teacher should be shielded from the stigma of discharge, and the authority of 
the board and the respect due the board and its teachers, should be maintained, 
by a decision on the part of the board to assist and support the teacher in bringing 
his school to a conclusion as nearly as possible satisfactory to the board and cred- 
itable to himself. The decision of the county superintendent is Affirmed. 

HENRY SABIN, 

May 20, 1896. Superintendent of Public Instruction. 



S. B. Heath v. District Township of Iowa. 

Appeal from Wright County. 

County Superintendent. On appeal may do no more than the board might 
have done. 



SCHOOL LAW DECISIONS. 77, 

Independent District. The boundaries outside the town plat depending upon 
the petition of the electors, such boundaries may not be fixed until petitioned for. 

This is a case arising under the amendment to section 1800 made by the twenty- 
fifth general assembly It is the effect of this amendment that when a town or 
village has less than two hundred inhabitants and not less than one hundred 
inhabitants, the territory contiguous to such town plat may not be included in 
the proposed independent town district except on a written petition of a majority 
of the electors residing upon such territory outside the town plat. 

In this case the board refused to fix the boundaries of a contemplated inde- 
pendent town district. From its order appeal was taken to the county superin- 
tend i/nt who reversed the order of the board and fixed the boundaries of a con- 
templated independent district, but different from the boundaries asked for in 
the petition presented to the board from the electors residing outside the town. 

Without considering any of the other merits of the case it becomes necessary 
to inquire whether the county superintendent might in reversing the order of the 
board, fix different boundaries than those petitioned for by the majority of the 
electors residing upon the outside territory. We find that the territory included 
in the contemplated district by the order of the county superintendent excludes 
at least four and one-half sections that were before included. Did the county 
superintendent have power to fix different boundaries for the outside territory 
from those petitioned for when application was made to the board, without first 
himself having a written petition from a majority of the resident electors upon 
the territory outside the town which said county superintendent included within 
the contemplated independent district ? We think he did not. If our view is 
correct it is decisive of the case and we will be compelled to reverse the county 
superintendent's decision. 

Not many cases have arisen under the amendment to section 1800, found in 
chapter 38, Laws of 1894. But it seems to us that there can be no doubt as to the 
intention of the general assembly to require that before territory outside a town 
or village of over one hundred and of less than two hundred inhabitants may be 
included within a contemplated independent town district, a majority of the 
electors must consent that such boundaries may be fixed. Any other conclusion 
would seem to defeat the purposes of the amendment. It is not reasonable to urge 
that the county superintendent would have greater power on appeal than the 
board would have. 

It will be noticed that this decision has no reference whatever to the merits of 
the case as to the boundaries which should be fixed for a town independent district. 
That matter is still within the discretion of the board under the limitations of 
the law. Reversed. 

HENRY SABIN, 

August 3, 1896. Superintendent of Public Instruction. 



J. E. Klein v. Independent District of Oskaloosa. 

Appeal from Mahaska County. 

BONDS. If a large portion of the people desire to vote upon issuing bonds, the 
board should submit such a proposition. 

Certiorari. The best remedy of any one believing that the law has been 
violated, is application to a court for relief. 

On the 22d day of June, 1896, the directors of the above named district unan- 
imously adopted the following resolution: 

Resolved, That the question of issuing bonds of this district in an amount not 
exceeding $30,000, for the purpose of constructing a public school building, shall 
be submitted to the voters of this district on Thursday, July 2, 1896, at the court 
house. The polls to be open from 9 a. m. to 7 P. M., of said day. 



76- SCHOOL LAW DECISIONS. 

The usual notices were posted by the secretary in five places, as required by- 
section 1742. The notices specified the date and place of the election, the hours, 
during which the polls should be open and the manner of voting. It provided 
that those voting on this proposition should have written or printed in their- 
ballots: "For the issue of bonds— Against the issue of bonds." That the pre- 
liminary proceedings of the board were strictly in accordance with the require- 
ments of the law is not questioned by any one. 

On the 2d of July, pursuant to the notice, an election was held in the super- 
visors' room at the court house, the usual place of holding- the school meeting of 
the district. The records show that the polls were opened at 9 A. M. and closed 
at 7 p. M. The returns were canvassed at the close and showed that there were 
1,443 votes, out of which 900 were for issuing bonds and 543 against the same. 
The returns were signed by three judges, members of the board, and by two 
clerks, one of whom was the secretary of the board. 

In the meantime several citizens assembled about 9 A. M. of the same day in 
the court room of the same building and organized a meeting- by choosing Mr. 
McMillen president and Lew Shangle as secretary, the president and secretary 
of the board not being present. The proposition to issue $30,000 in bonds for the 
purpose set forth in the notice was defeated by a rising vote. The president and 
secretary were instructed to furnish a copy of the proceedings of the meeting to* 
the officers of the board of directors. The meeting then adjourned sine die at 
9:45 A. M. The transcript shows that this meeting- was in session less than forty- 
five minutes, and that some of the voters participating in its proceedings voted at 
the meeting held in the supervisors' room. 

All the points that are concerned in the case may very readily be condensed 
into two statements: 

1. It is alleged that the board exceeded its jurisdiction in calling a special 
election of the voters to vote on the question of issuing bonds, as no schoolhouse 
has been destroyed and there is plenty of room in buildings now erected to 
accommodate all the pupils attending the schools. See section 1807i. 

We are compelled to hold that the questions thus raised are not in this case. 
Section 1807-J- was evidently intended as supplement to section 1807, and provides, 
a way by which a building destroyed by fire or otherwise may be replaced at the 
earliest possible moment. We do not believe that the law will bear the construc- 
tion which the counsel would have us place upon it, that the special meeting- 
mentioned in section 1822 can only be called under the circumstances set forth in 
section 18074-. 

The matter of school accommodations is left to the judgment of the board of 
directors. The law supposes that these men are elected because of their intelli- 
gence and fitness for the position, and that while they will carefully see to it that 
the schools under their care do not suffer for anything- necessary to the progress 
or comfort of the school, they will not impose an unnecessary burden upon the 
taxpayers of the district. The board cannot, however, levy a tax for school- 
house purposes or issue bonds to erect buildings, unless the voters of the inde- 
pendent district have first voted a schoolhouse tax or have by an affirmative vote 
directed that bonds shall be issued. Section 1822 is evidently intended to pro- 
vide a way by which the directors may submit to the people of the independent 
district at any time the question of issuing bonds for the purpose of providing- 
suitable school accommodations for the school district. To put any other con- 
struction upon this section or to admit that an action under it is subject to be 
arrested by the long and tedious process of appeal is to wrest from the board the 
power, by a legal method, to consult the voters upon matters intimately con r 
nected with the welfare of their dearest interests. 

We regard the construction to be placed upon section 1822 of the gravest 
importance. In June, 1894, we submitted to Hon. John Y. Stone, then attorney- 
general of the state, the following question. 



SCHOOL LAW DECISIONS. 77 

"Is it entirely optional with a board whether it will submit the question of 
Issuing bonds? That is, if very many of the electors desire to have the question 
of issuing bonds voted upon, and the board Eails to call a special meeting of the 
(lectors Eor thai purpose, have the electors any rerned,\ '. J '' 

We quote his answer: 

•• In regard to your question, I will say that I am inclined to think that the mat- 
ber if submitting to the electors of the district a proposition to issue bonds is not 
entirely optional with the board of directors, although the question is one of 
great nicety and difficulty. The words of section 1822 in regard to the submis- 
sion of such a question are that ' the directors of any independent district may 
submit to the voters of their district at the annual or a special meeting, the ques- 
tion of issuing bonds as contemplated by the preceding section,' etc. In matters 
where the public or an individual has an interest where a statute is by its 
terms permissive, the courts have often held that it is mandatory. The supreme 
of the United States, in the case of Supervisors v. United States, 4 Wall, 446, 
says: ' The conclusion to be deducted from the authorities is that where power is 
given to public officers, in the language of the act before us, or in equivalent 
language, whenever the public int. rest or individual rights call for its exercise 
the language used, though permissive inform, is in fact peremptory.' In the case 
you mention the remedy of the people of the district would be by action of man- 
damus, and I am inclined to think that in a case where it would clearly appear to 
the court that the interests of the people of the district demanded that such a 
proposition be submitted and that a large proportion of the people of the district 
demanded its submission, the board could be compelled to take the action pro- 
vided for in section 1822. 

•• This conclusion is the best I have been able to come to after giving the ques- 
tion careful consideration. The question is a very doubtful one and very difficult 
to reach a satisfactory conclusion upon." 

It will be seen from the above that this is a very difficult question to deter- 
mine. We have given this matter careful thought and consideration, and follow- 
ing the line of thought in the above opinion, we cannot reach any other conclu- 
sion than that if there is any remedy for such an action by the board as is con- 
templated in section 1822 it must be found in the courts of law and not in appeal 
to the county superintendent. 

2. The county superintendent indicates in her decision that she has some 
doubts as to her jurisdiction, but determines to hear the case upon the supposi- 
tion that it comes under the "matter of law or fact," section 1829, S. L. 1892. 
The counsel for the appellant also urges this point very strongly. 

It must be evident to any one that while every appeal must be based upon an 
■alleged grievance relating to some matter of law or fact, it does not necessarily 
follow that every matter of law or fact can be reviewed by the county superin- 
tendent. Section 1836 provides that the county superintendent cannot render a 
judgment for money. This has for years been construed to mean that no appeal 
will lie when the validity of a contract, or a money consideration in any other 
form, is involved. 

The supreme court has held in several cases that the right or title to office 
will be determined only by information in the nature of a quo warranto as pro- 
vided by sections 3345-3352. code. See 17 Iowa, 525, and 22 Iowa, 75. 

In this case, if it was believed that the board acted in Adolation of law in 
calling the meeting to vote the bonds, or afterward in proceeding in accordance 
with the vote, the remedy of any one so aggrieved was certiorari. This would be 
the manner of proceeding necessary to have the illegal order of the board set 
aside, See 55 Iowa, 215. 

In 1880 Hon. C. W. von Coelln. then superintendent of public instruction, in the 
preface to the school law decisions, instructs county superintendents as follows: 
"Since section 1835. code, makes the decision of this department final, and since 



78 SCHOOL LAW DECISIONS. 

sections 3345-3352 provide for a writ in the nature of a quo warranto to determine 
the right or title to office or the right of a corporation to exist, county superin- 
tendents should refuse to entertain any appeal which is prosecuted to determine 
either of these points." 

In matters pertaining to the validity of district organization, this department 
has always held that the county superintendent has no jurisdiction, and in this 
we are upheld by the decisions of the supreme court. See 34 Iowa, 306, and 29 
Iowa, 264. 

These points are very fully argued in the case of David Ockerman v. District 
Township of Hamilton, page 56, S. L. Dec. 1876, and in the case of JV". T. Bowen 
v. District Township of Lafayette, page 124, S. L. Dec. 1876 We can see no good 
reason for departing from this long line of precedents, which have been uniformly 
followed by this department for many years. 

Following the same line of reasoning as in the case quoted above, and which 
has been acquiesced in by each of our predecessors in turn, we come to the con- 
clusion that in the case at bar the county superintendent did not have jurisdic- 
tion. She should have dismissed the case. We come to this decision the more 
reluctantly because we know that she endeavored to do her duty fearlessly and 
honestly. 

The legality of this election involves the validity of the bonds voted at that 
time, a question too weighty to be attacked by indirect or collateral proceedings. 
It may be said here that our county superintendents, while fitted for their 
especial work, are not supposed to be learned in the law, or at home in determin- 
ing legal questions. 

If we were to hold that in hearing appeals any and every grievance in law or 
fact could be reviewed by county superintendents, we should burden them with a 
vast amount of labor not hitherto belonging to the office, and to that extent- 
impair their usefulness. Such labor would be unproductive, as most cases, even 
then, would find their way to the courts for ultimate settlement. The law pro- 
vides a better and more satisfactory way by which such cases can be determined. 

Reversed and dismissed. 
HENRY SABIN, 

October 3, 1896. Superintendent of Public Instruction. 

Charles and Anna Helms v. Independent District of Madrid. 

Appeal from Boone County. 

BOARD OF DIRECTORS. To warrant reversing a discretionary act, the evidence 
must be conclusive that the large discretion of the board has been abused. 
Residence. The board may adopt any course it sees fit, and make a decision 
from any fair and impartial method of obtaining information bearing upon the 
question of residence. 

School Privileges. The board has authority to determine when and upon what 
terms non-residents may attend school. 

The affidavit in this case sets forth that the appellants are aggrieved in that 
they are deprived of school privileges in the independent district of Madrid, by 
vote of the board, except upon the payment of tuition. It is agreed that they are 
the minor children of parents Avho reside outside the limits of said independent 
district. The case turns entirely upon the actual residence of said Charles and 
Anna Helms. This was the question which the board had before it for deter- 
mination. 

The attorney-general has decided that the board may adopt any course it sees 
fit and make a decision from any fair and impartial method of obtaining informa- 
tion bearing upon the point at issue, provided it acts in good faith with a view of 
getting the exact truth and of making its decision according to the very right of 
the matter. 



SCHOOL LAW DECISIONS. 7 ( J 

In the case at bar the board acted with great deliberation. There is no evi- 
dence that it was prejudiced, or actuated by wrong motives. Neither did it in 
any way violate the law. It is evidently honest in its decision that the appellants 
are sojourning in the district temporarily for school purposes only, their actual 
residence being elsewhere. 

The board is presumed to be acquainted with all the facts in the case. We 
can find no reason which would have justified the county superintendent in disturb- 
ing its action. The decision of the county superintendent is Affirmed. 

HENRY SABIN, 

December 24, 1896. Superintendent of Public Instruction. 



Letha Jackson v. Independent District of Steamboat Rock. 

Appeal from Hardin County. 

Teacher. Full opportunity must be afforded the teacher to make defense against 

charges. 

Board of Directors. Is required by the law to visit the school and to aid and 

sustain the teacher in maintaining order and discipline. 

Teacher. Should not employ unsuitable and unusual methods of punishment. 

On the 28th day of November, 1896, the board voted to discharge from its 
employ, Miss Letha Jackson, the teacher in the intermediate room of its school. 
The reason, as spread upon the record, is that she inflicted inhuman and cruel 
punishment upon her pupils, especially upon Minnie Platts. An appeal was taken 
to the county superintendent who reversed the order of the board. Appeal was 
then taken to the superintendent of p'ublic instruction. 

There is no doubt from the testimony sent up with the transcript that Minnie 
Platts was insolent and disobedient, and also that the teacher failed to control 
herself, and that they engaged in an unseemly squabble in the presence of the 
school. It is also evident that the teacher was accustomed to use methods of pun- 
ishment which are, at the best, not customary in well disciplined schools. Much 
of the testimony is conflicting, and that part of it relating to matters which 
occurred under a previous contract cannot be allowed to have any weight in 
determining this case. 

The contract, as placed in evidence, specifies that the teacher shall not make 
use of any cruel or unusual punishment in the discipline of the school. Whether 
she violated the contract in this respect is a matter to be determined by the 
board, and in doing so it may avail itself of any sources of reliable information 
within its power. The notice sent to the teacher, November 23, 1896, charges as 
follows, "for inhuman and unjustifiable punishment of pupils by pinching, pulling 
their ears, pulling their hair, and pounding their heads and faces with your fists, 
and pounding their heads on the wall, floor, and seats of the schoolroom with 
your fists." November 28 she was notified by the secretary that she was dis- 
missed from the school. At a meeting of the board held November 27, the pres- 
ident appointed the entire board an investigating committee. It appears that it 
carried on its investigation by questioning the pupils in Miss Jackson's room, 
and that its vote to dismiss her was based entirely upon information obtained in 
this way, as appears in the records of November 27. This method placed the 
teacher at an immense disadvantage. It would at least have been just to have 
examined these pupils in her presence, and that she should have been allowed to 
correct their misstatements, if any, and to give the investigating committee her 
^wn account of the matter. We cannot consider this an impartial method of con- 
ducting an investigation against a teacher. Justice would seem to demand that 
she should have been furnished a copy of the findings of this committee, and 
should have been given a reasonable time in which to prepare her defense. The 



30 SCHOOL LAW DECISIONS. 

board places on file the unanimous report of this investigating committee recom- 
mending that the teacher be discharged. It, in effect, finds her guilty and aska 
her to show cause why sentence should not be pronounced. 

Now, as to Miss Jackson's failure to appear before the board. Her physician 
sent a certificate to be read at the first meeting, stating that she was not able to 
attend on account of sickness. At the same meeting her attorney, Mr. Albrook, 
in a letter, asks that the board appoint Monday afternoon as a time for hearing 
the case. It appears to have been a reasonable request and should have beeD 
granted in justice to all parties. That Miss Jackson sent her statement denying 
the charges and averring that she, by her conduct, had given the board no occa- 
sion to investigate, furnishes an additional reason and a very strong one why she 
should have been given the opportunity to be heard by counsel of her own choos- 
ing. We do not think that the board intended by an early adjournment to shut 
her counsel out Saturday night, but it ought to have shown an anxiety to have 
him present if possible, in order that it might ascertain the very right and justice 
of all parties in the case. Miss Jackson could very justly plead that her pres- 
ence would avail nothing after the board had before it a report signed by every 
member of that tribunal, saying that she ought to be dismissed from her school. 
The board seems also to have forgotten that the law makes it its duty to visit the 
school and to aid and sustain the teacher in her efforts to maintain order and dis- 
cipline. It has duties on the side of the teacher as well as on that of the pupils 
or the community at large. 

We do not wish to be understood as upholding a teacher in the methods of 
punishment which appear in this case. To pull the hair or the ears of pupils, or 
so strike them with the fists, are relics of another age of school government, and 
cannot be justified to-day. We only reach the conclusion that the teacher did not 
have that fair and impartial trial before the board that is contemplated in the 
law. Therefore the decision of the county superintendent is Affirmed. 

HENRY SABIN, 

April 7, 1897. Superintendent of Public Instruction. 



R. Odendahl, et al. v. District Township of Grant. 

Appeal from Carroll County. 

Appeal. Will not lie from joint action of boards making settlement of assets 
and liabilities. 

County Superintendent. Should dismiss an appeal as soon as it becomes cer- 
tain that the leading issue may be heard and decided only by a court of law. 
Jurisdiction. It is very undesirable to bring matters involving a money con- 
sideration before the county superintendent on appeal. 

Certain territory in the civil township of Grant and part of the independent 
district of Carroll was restored to the district township of Grant. A settlement 
of assets and liabilities between the two districts necessarily followed. Robert 
Odendahl and others were aggrieved with the conclusions reached by the two 
boards, and took an appeal to the county superintendent, who reviewed the ques- 
tions presented to him, finding in effect as to the time when the territory did 
actually become a part of the district township of Grant, as to the disposition of 
taxes during a period when the control of such territory was in controversy, and 
also whether the agreement entered into by the boards should be changed by him. 

The first question we are required to consider is whether the county superin- 
tendent had jurisdiction to hear the case. If we find that he did not have juris- 
diction, it will of course be impossible for us to review the questions he deter- 
mined, and we shall be compelled to dismiss the case for want of jurisdiction. 

It has been the uniform opinion of this department that appeal will not lie from 
the joint action of boards in making the settlement of assets and liabilities required 



SCHOOL LAWS DECISIONS. 81 

by section 1715, but that the only remedy, if the law affords relief, would be an 
action in court to protect the rights of the persons complaining. In order that 
the matter might be more authoritatively determined, so that this case may be a 
guide to school officei's, we submitted an inquiry to the attorney-general, and 
quote briefly from his reply: 

"Your favor came duly to hand, requesting my opinion upon the following 
question: 

When two boards have made a division of assets and liabilities, under section 
1715 of the code, will a person claiming the settlement to be inequitable and 
insufficient as to the amount agreed upon have the right to appeal to the county 
superintendent from such agreement; that is, from such joint action of the boards 
taken as provided in section 1715, will an appeal lie? 

"The section in question provides that the respective boards shall make an 
equitable division of the then existing assets and liabilities between the old and 
the new districts; it also provides that in case of the failure to agree the matter 
may be decided by arbitrators chosen by the parties in interest. It has been held 
by our supreme court that under this section the boards of directors become a 
special tribunal for the determination of the respective rights of the parties. And 
it is held that this tribunal thus constituted has exclusive jurisdiction. The 
action of the special tribunal, consisting of the several boards of directors, is not 
the action or order of a board of directors, but an order of a special court for the 
determination of the rights of the several new districts with reference to the 
assets and liabilities of the old district of which they formed a part. The statute 
does not give an appeal from such tribunal. My conclusion is that a right of 
appeal does not exist and a person claiming the settlement to be inequitable has 
no right of appeal to the county superintendent." 

The opinion of the attorney-general is decisive of this case. We think there 
are many added reasons why questions of this kind should not be heard on appeal 
before the county superintendent. That officer should not be compelled to review 
matters involving the jurisdiction over territory, the disposition of taxes, or the 
right and justice of a finding of boards upon a settlement of assets and liabilities. 
But these a court may very properly do, as its jurisdiction for such purposes is 
not questioned, and the precedents for the control of the courts over this class of 
cases are well established. It is very undesirable to attempt to bring matters 
involving a money consideration before the county superintendent on appeal. As 
soon as it becomes clearly apparent that the principal issue is of a kind intended 
by our statutes to be heard and determined only by the courts of law, the appeal 
should be dismissed. In this case it was the duty of the boards interested to make 
a proper settlement. If fraud or other irregularity was urged, perhaps a court 
would afford relief to a complainant, but an appeal to the county superintendent 
would not become a remedy. 

We are compelled to remand this case to the county superintendent with 
instructions to dismiss the case for lack of jurisdiction. Dismissed. 

HENRY SABIN, 

June 16, 1897. Superintendent of Public Instruction. 



82 INDEX TO APPEAL CASES 



INDEX TO APPEAL CASES. 



PAGE. 

Additional, School. It is the intention of section 1725 (Code, section 2774) 
that an attendance of at least ten scholars may reasonably be expected 34 

Affidavit. An affidavit is a statement in writing' of the errors complained 
of, signed and made upon oath before an authorized magistrate 5 

The affidavit answers its leading purpose if it sets forth the errors com- 
plained of with such clearness that the proper transcript may be secured . . 6 

A technical error in the affidavit not prejudicial to either party will not 
defeat the appeal 52 

The affidavit may be amended when such action is not prejudicial to the 
rights of any one interested 52, 71 

Must be accepted if sufficient to give the appellant a standing 71 

Appeal. An appeal may be taken from the refusal of the county superin- 
tendent to investigate charges brought against a teacher 12 

A case whose main purpose is to determine the validity of an order on the dis- 
trict treasury, or the equity of a claim, cannot be entertained on appeal to 
the county superintendent 13 

Appeal may not be taken from an action or order complying with the term3 
of a contract previously made, nor from an action authorizing the issuance 
of an order in payment of a debt contracted by previous action of the board. 13 

The execution by the board of the vote of the electors upon matters within 
their control, is mandatory, from such action of the board no appeal can be 
taken. If such action is tainted with fraud, an application to a court of 
law is the proper remedy 17 

The right of appeal is confined to persons injuriously affected by the decision 
or order complained of. Ordinarily a person living in one subdistrict can- 
not appeal from an action of the board locating a site in another 18 

The adoption of the committee's report in favor of retaining the old school- 
house site, is an action from which appeal may be taken 19 

The action of two boards upon a subject over which they have divided oontrol 
constitutes a concurrent action, and appeal may be taken only from the 
order of the board taking action last 27 

May be taken by any resident aggrieved by an action of the board 28 

Failure to file the transcript within the time mentioned in the law will not 
invalidate the appeal 34 

The hearing is not to be conducted by a rigid adherence to the technical forms 
and customs which prevail in the courts 40 

An appellate tribunal may not assume original jurisdiction. The order of 
the board must be affirmed unless it is proved beyond doubt that a reversal 
is necessary 41 

An appeal will lie to determine conclusively whether the provisions of the"' 
law have been complied with 44 

Will not lie to control the action of a board or of the county superintend- 
ent, where concurrence is provided for 44 

A decision maybe modified upon proof that a change in its terms is desirable. '■ 

An appeal will not lie from an order of a board initiating a change in bounu 
aries, where the concurrence of the board of an adjoining district is neces- 
sary to effect the change , 46 

Where changes are effected in district boundaries by the concurrent action 
of two boards, appeal may be taken from the order of the boa-rd concurring, 
or refusing to concur, but not from the order of the board taking action first . 46, 57 

It is not intended that the superintendent of public instruction shall hear an 
appeal case de novo. He is confined to the record of the case as heard before 
the county superintendent 50 



INDEX TO APPEAL CASES. 83 

p u;e. 

It is not the purpose of an appeal to secure a decision as to which of two sites 
is preferable, or as to whether a better site might not have been found. If 
the site chosen is proved to be unsuitable, or an abuse of discretionary 
power is clearly shown, then the order of the board may be set aside, but 
not otherwise 50 

May be taken from the action of the board in laying the subject-matter of a 
petition on the table 68 

Will lie from an action of the board which is made a matter of record 08 

Mere technical objections should not prevent the fullest presentation of the 
merits of the case, in the trial of an appeal 71 

Will not lie from neglect or failure to act. There must be a recorded action 
in the matter complained of 73 

Will not lie from joint action of boards making settlement of assets and lia- 
bilities 80 

Attendance. An actual resident may not be denied equal school advan- 
tages with other residents 67 

Board of Directors. The board shall be sustained in all legitimate and 
reasonable measures to maintain order and discipline, to uphold the right- 
ful authority of the teacher, and to prevent or suppress insubordination in 
the school 15 

If in the selection of a site the board violates law or abuses its discretionary 
power, its action may be reversed on appeal 17 

The board, though not bound by a vote of the electors directing the precise 
location of a schoolhouse site, is required to so locate it as to accommodate 
the people for whom it is designed 17 

The action of the board cannot be reversed upon the allegations of appellant 
without proof, or by reason of failure to make defense 18, 19 

The acts of the board are presumed to be regular, legal, and just, and should 
be affirmed unless proof is brought to show the contrary 18, 19 

The acts of the board must be presumed to be regular, and should be affirmed 
unless positive proof is brought to show the contrary 21 

After such a decision as prevents any action of the board until some material 
change occurs, in order that the board may act anew changes of such a. 
character as to obviate to a large extent the objections that previously 
existed, must have taken place 48 

The board must endeavor to determine the actual intention of the electors, 
and to carry out their expressed wishes 55 

Its action is presumed to be correct and for the interest of the district, until 
proved to be otherwise 60 

Has full power to provide and enforce a course of study 64 

May adopt its own course to decide the question of actual residence 67 

In locating a site the board acts wisely in taking into consideration the pre- 
vailing sentiment of the people 68 

In exercising its power in a semi-judicial capacity, the board should be able 
to show the very best reasons for its conclusions 73 

It is the first duty of a board to co-operate with and assist the teacher in the 
• conduct of the school 73 

To warrant reversing a discretionary act, the evidence must be conclusive 
that the large discretion of the board has been abused 78 

Is required by the law to visit the school and to aid and sustain the teacher 
in maintaining order and discipline 79 

Bonds. If a large portion of the people desire to vote upon issuing bonds, 
the board should submit such a proposition 75 

Boundaries. Must conform to congressional divisions of land 28 

Of subdistricts, changed between September and March 29 

In the determination of district and subdistrict boundaries, temporary expend- 
itures and individual convenience should be subordinated to the more 
important considerations relating to simplicity of outline, compactness of 
shape, uniformity of size, and permanence of sites and boundaries 53 

Certificate. The county superintendent may refuse to entertain a petition 
for the revocation of a teacher's certificate 12 



84 ' INDEX TO APPEAL CASES. 

PAGE. 

The county superintendent is charged with the responsibility of refusing to 
issue a certificate to any person unless fully satisfied that the applicant pos- 
sesses the essential qualifications demanded of teachers by the law 42 

The county superintendent is his own judge as to how fully he will give the 
applicant reasons for the refusal of a certificate. 42 

The decision of a county superintendent refusing a certificate will not be inter- 
fered with on appeal unless it appears that he acted from passion or preju- 
dice 42 

Certiorari. A fraudulent or illegal action may be corrected by application 
to a court for a writ of certiorari 17 

The best remedy of anyone believing that the law has been violated, is appli- 
cation to a court for relief 75 

Charges. Must be clearly sustained by the evidence 30 

Claims. Just claims against the district can be enforced only in the courts. 11 

Contested Election. The proper method of determining a contested elec- 
tion for school director is by an action brought in the district court 8 

Contract. It is the province of the courts of law to decide as to the validity 
of a contract 66 

Contracts. Made by a committee require the approval of the board in ses- 
sion 11 

County Superintendent. Has no jurisdiction of an appeal until an affi- 
davit is filed in his office. The appeal must be taken by affidavit 5 

The weight that properly attaches to the discretionary actions of a tribunal 
vested with original jurisdiction, does not apply to the decisions of an 
inferior appellate tribunal. 19 

May make a conditional ruling, by which his own decision will be governed . 23 

The county superintendent is not limited to a reversal or affirmance of the 
action of the board, but he determines the same questions which it had 
determined 23 

A county superintendent should not ask the state superintendent to decide a 
case on appeal for him, but may ask for an interpretation of law, either by 
the state superintendent, or through him, by the attorney-g-eneral 27 

Examines critically the testimony, to determine whether any good reason is 
found requiring a reversal of the order of the board 65 

To warrant setting aside the order of a board, its error must appear plainly.. 65 

Does not have the power to interpret the legal value of a contract 66 

Should reverse the action of the board only upon the clearest and most 
explicit proof of abuse of discretion > 68 

Unless a marked abuse of discretionary power is clearly and conclusively 
proved, his action in refusing or revoking a certificate will not be inter- 
fered with on appeal 70 

On appeal may do no more than the board might have done 74 

Should dismiss an appeal as soon as it becomes certain that the leading issue 
may be heard and decided only by a court of law 80 

Discretionary Acts. Should not be disturbed except upon evidence of 
unjust exercise of discretion 5 

The decision of the authority having original jurisdiction is entitled to much 
consideration 12 

Suggestions from the electors upon matters entirely within the control of the 
board will in no manner prevent the fullest exercise of the discretion vested 
in the board by the law 25 

Abuse of discretion is not established by testimony showing that a different 
action would have been preferred by the electors 29 

Action by the board unduly delaying the final consideration of an important 
matter, may be regarded as an evidence of prejudice 35 

In the exercise of discretion, the benefit of every reasonable doubt must be 
given in favor of the correctness of official acts 40 

May not be reversed unless the proof is conclusive. The board must bear any 
blame that may attach to an inexpedient action 41 



INDEX TO APPEAL CASES. 85 

PAGE. 

The county superintendent, having only appellate jurisdiction, should not 
reverse discretionary acts of the board without explicit and clearly stated 
proof of the abuse of such discretion, even though not fully approving its 
action 41 

Unless a marked violation of the large discretion vested in the county super- 

• intendent is proved clearly and conclusively, his action in refusing or 
revoking a certificate will not be interfered with on appeal 42 

Since the board has original jurisdiction, its discretionary acts should not be 
interfered witb by an appellate tribunal although not agreeing with its 
judgment, umesa the board violated law, showed prejudice or malice, or 
abused its discretion in such manner as to require interference 50 

The appellate tribunal is required to decide only whether the action com- 
plained ot in tbe affidavit of appeal is proved to be of such a nature as to 
compel a reversal of such action 50 

In the absence of proof that the board has abused the authority given it by 
the law. its orders will uot be set aside, although another decision might 
to many seem preferable 56 

It is not the province of an appeal to discover and to correct a slight mistake. 
The board alone must bear any blame that may attach to a choice deemed 
by appellants somewhat undesirable, but not an unwise selection to such a 
degree as to indicate an abuse of the discretion ordinarily exercised 56 

To warrant interference with a discretionary act, abuse of discretion must be 
proved beyond a reasonable doubt 56 

In the determination of appeals, the weight which properly attaches to the 
discretionary actions of a tribunal vested with original jurisdiction should 
not be overlooked 60 

The fact that some other action would have been desirable or preferable does 
not establish that the board abused its discretion 60 

The order complained of is reviewed not to discover the desirability of the 
action, but to determine whether sound reason and wise discretion were 
followed 60 

The order of a board should be reversed only upon the plain showing that 
the law has been violated or discretion grossly abused 64 

An appellate tribunal is not to decide mainly whether the action complained 
of was wise, or the best that might have been taken, but simply whether a 
reversal is required by the evidence 72 

District Organization. The county superintendent has no jurisdiction to 
determine the validity of district organization 29 

Election. The certificate of the officers of the subdistrict meeting is the 
legal evidence of election as subdirector, and as a general rule a board of 
directors is justified in declining to recognize a person as a member of the 
board until he produces such certificate 8 

Evidence. Where the law requires the evidence of a transaction to be in 
writing, oral evidence can be substituted only if the writing cannot be pro- 
duced 8 

To establish malice or prejudice on the part of the board, positive testimony 
must be introduced, and the evidence must be conclusive 27 

Explanatory Notes. Notes to the school law, while proper aids to school 
officers, have not the binding force of law, and a noncompliance with them 
is not necessarily a violation of law 24 

Highway. If possible, every schoolhouse site should be upon a public high- 
way 23 

Independent District. The boundaries outside the town plat depending 
upon the petition of the electors, such boundaries may not be fixed until 
petitioned for 74 

Injunction. The execution of a fraudulent vote of the electors may be pre- 
vented by a writ from a court of law 13 

Janitorial Services. If a teacher serves as janitor in sweeping the room 
and building fires, he should be paid from the contingent fund for such 
services 26 

JURISDICTION. An application for an appeal filed within thirty days from 
the act complained of will not give the county superintendent jurisdiction 
of the case 5 



86 INDEX TO APPEAL CASES. 

PAGE. 

The county superintendent does not have jurisdiction of cases involving- a 
money demand 10 

The county superintendent has jurisdiction only of the matter to which the ' 
appeal relates 18 

An appeal will not lie to enforce a contract 26 

A former order of the board, or a decision of the county superintendent on 
appeal, will not operate to prevent the board from exercising its discretion 
anew, when good reasons exist for such action 40 

In most matters with which boards have to do under the law, their authority 
and responsibility are absolute, and their jurisdiction is complete and 
exclusive 40 

The jurisdiction of an appellate tribunal is not greater than that of the board 
from whose action the appeal is taken 46 

When its order is affirmed, the board is left free to take another action, if 
thought best 56 

In change of boundaries by two boards, an appellate tribunal acquires only 
the same power possessed by the board from whose action appeal is taken, 
and may do no more than to affirm the order, or to reverse and do what 
the board refused to do 57 

It is very undesirable to bring matters involving a money consideration 
before the county superintendent on appeal 80 

Majority Vote. Of whole board required to change subdistrict boundaries. 29 

Mandamus. Is a remedy if the board refuses to carry out a vote of the electors 11 

Is the method of compelling the performance of an official duty mandatory in 
its character 34 

To compel the performance of an official duty, appeal sometimes consumes 
valuable time. Mandamus is often a more speedy and better remedy 35 

To compel the performance of an official duty not involving the exercise of 
discretion, a writ of mandamus is a speedy remedy 51 

The surest method to secure the performance of a mandatory duty is applica- 
tion to a court for a writ of mandamus 55 

New Trial. To warrant another trial, material reasons must appear, to 
prove that a second hearing is desirable 58 

Notice. The county superintendent should not issue notice of final hearing 
until the transcript of the district secretary has been filed 5 

Appearance at the trial is a complete waiver of notice 47 

Petition. A petition may be used to bring to the attention of the board the 
kind of action desired by the petitioners, but a board may act with equal 
directness without such request 57 

Proceedings. The regularity of all the proceedings will be presumed upon. 
This is true in an especial sense when the records are more than usually 
complete 47 

In the absence of proof to the contrary, the legal presumption is that the pro- 
ceedings before the county superintendent were entirely regular 58 

Punishment. In applying correction, the teacher must exercise sound dis- 
cretion and judgment and should choose a kind of punishment adapted not 
only to the offense, but to the offender 14 

The punishment of a pupil with undue severity, or with an improper instru- 
ment, is unwarrantable, and may serve in some degree, to indicate the ani- 
mus of the teacher 14 

The right of the parent to restrain and coerce obedience in children applies 
equally to the teacher, or to any one who acts in loco parentis 15 

Quo Warranto. The remedy of a person denied possession of an office to 
which he has been chosen, is an action in court 8 

The only proper means of affirming the right to exercise the privileges of an 
office, or to contest the illegal exercise of the same, is set forth in sec- 
tions 3345-3352. (Code, sections 4313-4335.) 23 

Records. In the absence of the allegation of fraud, testimony to contradict 

or impeach the records of the district cannot be received 6 

The board may at any time amend the record of the district, when necessary 
to correct mistakes or supply omissions. And it may upon proper showing 
be compelled by mandamus to make such corrections 6 



INDEX TO APPEAL CASES. 87 

PAGE. 

The record of the secretary shall be considered as evidence, and cannot be 
invalidated by parol evidence unless there is proof of fraud or falsehood. ... 27 

Records not made and certified to by the proper officers as required by law are 
defective and may be impeached by collateral evidence 30 

The official record is its own best evidence. Testimony intended to contradict 
the record should not be admitted 30 

The record of the secretary must be considered as evidence, unless there is 
proof of fraud or falsehood 47 

Rehearing. To justify the granting of a new trial, a reasonable doubt must 
arise in the mind of the officer to whom application is made, as to the abso- 
lute correctness of his former conclusions 36 

To warrant a rehearing, some valid reason must be urged 38 

To obtain a rehearing the necessity must be clearly shown 40, G9 

A new trial should be refused unless cogent reasons are produced, causing 
doubts to arise as to whether the merits of the case were fully and fairly set 
forth at the former hearing. The reasons urged must present a strong 
probability that a modification of the decision might be found desirable 58 

In refusing a rehearing, or in granting the same, unless the discretion of the 
county superintendent was unjustly exercised, his decision must be affirmed, 
on appeal 58 

The presumption that the trial was regular and the proceedings full and com- 
plete, must be overcome by the reasons urged for the rehearing 58 

Remanding of Cases. When the evidence discloses that the action of the 
board was unwarranted, and the facts are not sufficiently shown to deter- 
mine what should be done, the case should be remanded to the board 22 

Unless the transcript indicates clearly the manner in which the board under- 
stands the expression of the electors, an appellate tribunal on the trial will 
be compelled to remand the case for a more definite action 5o 

Residence. The board may adopt any course it sees fit, and make a decision 
from any fair and impartial method of obtaining information bearing upon 
the question of residence 78 

Rules and Regulations. Boards of directors and their agents, the 
teachers, may establish reasonable rules for the government of their schools 15 

Open violation of the rules cannot be shielded from investigation under the 
plea that it invades the rights of conscience 15 

The pupil is answerable for acts which tend to produce merriment in the 
school or to degrade the teacher 15 

The teacher has the right to require a pupil to answer questions which tend 
to elicit facts concerning his conduct in school 15 

In establishing and enforcing regulations for the government of scholars the 
board has a large discretion 32 

The burden of proof is with the appellant to show that a rule is unreasonable 64 

Salary of Teachers. The control of salaries is wholly within the power 
of the board and cannot be determined by an appeal, because it is not 
within the jurisdiction of county or state superintendent to order the pay- 
ment of money .- 24 

The salary of teachers should be in proportion to their ability and responsi- 
bility, and not equal when these differ materially 24 

School Funds. The treasurer is the proper custodian of all funds, and may 
legally pay them out only upon orders specifying the fund upon which they 
are drawn and the specific use to which they are applied 11 

The courts of law alone can furnish an adequate remedy, if the law has been 
violated and the money of the district has been misappropriated 13 

Schoolhouse. The board may legally remove a schoolhouse from one sub- 
district to another only by vote of the electors 13 

When the electors have voted to remove a schoolhouse from one subdistrict 
to another the board must execute such vote, and from its action in so 
doing no appeal can be taken 13 

There is no limitation in law as to the number of scholars to be accommodated, 
in order that the board may provide a schoolhouse 53 

Schoolhouse Site. It is important that a schoolhouse site be located on a 
public road, and as near the center of the subdistrict as practicable 10 



88 INDEX TO APPEAL CASES. 

PAG1L 

Subdistrict boundaries cannot be changed in an appeal relating solely to locat- 
ing a site, nor can a site be located with the expectation that boundaries 

will be changed, unless such intention of the board is shown 18 

The action of a committee appointed by the board to locate a site is of no force 

until officially adopted by the board while in session 18 

The prospective wants of a subdistrict may properly have weight in determin- 
ing the selection of a site, when such selection becomes necessary, but 
not in securing the removal of a schoolhouse now conveniently located — 21, 5& 
To make a distinction between the children of freeholders and those of ten- 
ants in determining the proper location for a schoolhouse, is contrary to 

the spirit and intent of our laws 21 

The necessities of the present must be observed in locating schoolhouse sites, 

in preference to the probabilities of the future 22, 5$ 

The location of a schoolhouse can be dependent upon a change of boundaries 
only when it is shown in evidence that it is the definite and positive inten- 
tion to make such a change 23 

A schoolhouse site fixed by county or state superintendent affirming the dis- 
cretionary act of the board, allows the board to exercise it* discretion 

again, especially if material changes have occurred 25 

The endeavor to show regard for the expressed wishes of the electors in the 
choice of a site will be an added reason in support of the action of the board 25 

Proper location of, depends upon form of subdistrict 28 

A suggestion from the electors should be given such weight as there is value 

in the reasons upon which the expressed wish of the electors is based 33 

A village in a subdistrict has special claims favoring the selection of a site 
within its limits. The element of distance to be traveled by some is largely 

overcome by the advantages of a location in the town 3i? 

It is manifestly unwise for the electors to express any preference for a site, by 

a vote. The remedy of anyone aggrieved by the action of the board is appeal 33 
The board is bound to take into account any special reasons existing which 
favor a particular location, and a vote of the electors to expend schoolhouse 

funds in a certain specified manner, may not be disregarded 33 

Every d welling house must be taken into account, as some one entitled to school 

advantages may hereafter reside there 38 

When it is the evident intention of the board to relocate the site as near as 
possible in the center of the subdistrict, in order to furnish equal school facil- 
ities to all the residents, its action should not be materially interfered with 38 
It is not the province of an appeal to determine which of two sites is the better 63 

When purchased need not necessarily be upon a highway 72 

School Orders. When improperly issued, a proper remedy is injunction. . 10 
Schoolhouse Taxes Must be certified, collected, and expended, in accord- 
ance with the vote of the electors 32 

The board may not refuse to expend schoolhouse funds for the purpose for 

which they were voted 51 

School Privileges. Are not acquired by temporary removal into a district 

for the purpose of attending school & 

The law is to be construed in the interest of the child. The actual residence 
of the^scholar at the time will establish the right to attend school free of 

tuition 52 

Are not guaranteed children elsewhere than in the district of their residence 61 
Attendance in another district depends upon the board of that district, and 

must therefore be regarded as a contingency 61 

To the fullest extent possible, the board should equalize the distance to be 

traveled to school 61 

The board has authority to determine when and upon what terms nonresi- 
dents may attend school 78 

SCHOOLS. The wealthier portions of the community should aid their neigh- 
bors in sustaining good schools 24 

SubdirectOR. The subdirector may expend money in his subdistrict only 

in the manner authorized by the board 11 

Subdistrict. A subdistrict is not a corporate body, and has no control of 
any public fund H 



IND5X TO APPEAL CASES. 89 

PAGE. 

The board may not rodistriot so as to abolish a subdistrict, with the manifest 
intent to prevent the building- of a house provided for by the electors 32 

Subdistrict BOUNDARIES. The acts of a board changing subdistrict bound- 
aries and locating schoolhouses are so far discretionary that they should be 
affirmed on appeal, unless it is shown beyond a doubt that there has been an 
abuse of discretion 19 

A case involving a change of subdistrict boundaries, having been adjudicated 
by the county superintendent reversing the action of the board, and being 
affirmed by the superintendent public instruction, cannot again be brought 
upon appeal, unless it can be shown that some change materially affecting 
the conditions of the case has taken place since the date of the former deci- 
sion 

A subdistrict long established, embracing a territory having a sufficient num- 
ber of scholars to maintain a good school, should not be abolished, unless 
the general school facilities of the township will be improved thereby 

In changing subdistrict boundaries, both the present and the future welfare 
of the district township should be considered 

The boundaries of sv ged, or new subdistricts formed, 
only at the regular meeting of the bo. tember.orat a special meet- 
ing held before the following March 49 

When an action has been reversed by the county superintendent, an 

- 'on affirmed I -rintendent of public, instruction, the board can- 
not act again until a material change has taken place 

Subdistricts. Should be. it possible, compact and regular in form. In well 
populated district townships, two miles square is consided a desirable 
area 10, 53 

It is very impor: -ubdistricts should be - in form, and that 

where it is pos :<olhouses should be located at or near geographical 

centers 

■ard should be encouraged in forecasting a general plan looking toward 

an in the form of sub 

The teacher is entitled to the counsel and co-operation of the 
ind board in all matters pertaining to the conduct and welfare of 
the school 7 _ 

When a teacher is dismissed iu violation of his contract, an action in the 
courts of law will afford him. a speedy and adequate remedy: who:: 
charged for incompetency, dereliction of duty, or other cause affecting his 
qualifications as a teacher, he has the right of appeal 20 

The law provides that a teacher shall have a fair and impartial trial, with 
sufficient notice to enable him to rebut the charges of L ra 30 

In the trial of a teacher the board is bound carefully to protect the inu 
of the district and to seek the welfare of the school, as well as to regard the 
rights guara:: ^e teacher 47 

As an employe of the district the teacher may justly claim and expect to 
receive, the official assistance and advice of the board 54 

The law insures the teacher a fair and impartial trial, before he may be dis- 
charged 

A teacher may justly claim and expect to receive, th ::ce and a 
of the board, and especially the help of his own subdirector, in the proper 
conduct of his school 73 

It is alike due to the dignity of the board and the rights of the teacher that 
no one should be discharged except after thorough investigation and the 
clearest proof. If possible, the teacher should be shielded from the stigma 
of discharge 73 

Full opportunity must be afforded the teacher to make defense against 
charges 79 

Should not empiov unsuitable and unusual methods of punishment 79 

Territory. Where territory is to be transferred by concurrent action of 
two boards to the district to which it geographically belongs, a majority of 
the members elect is not necessary, as required for the change of subdis- 

tricl uries 

erritory must be included within some school district. 

When a transfer is sought, no appeal will lie to control the discretion of the 

nty superintendent or board 44 



90 INDEX TO APPEAL CASES. 

PAGE. 

All territory must be contiguous to the district to which it belongs 57 

TESTIMONY. Unless obviously immaterial, testimony offered should be admit- 
ted and given such weight as it merits 5 

At the hearing of an appeal, it is competent for the county superintendent, 
upon his own motion, to call additional witnesses to give testimony 6 

The superintendent should afford full opportunity for the introduction of tes- 
timony, and the examination of witnesses should be so conducted as to dis- 
close all material facts. What is shown by the plat need not also be pre- 
sented orally 18 

New testimony can be introduced only when the facts materially affecting 
the case could not have been known before the trial 22, 69 

To be legal must be given under oath 2& 

Sufficient latitude should be allowed in the introduction of testimony to per- 
mit a full presentation of the issues involved, even if irrelevant testimony 
is occasionally admitted 38, 71 

Opinions unsupported by facts do not become satisfactory evidence 60 

If selfish or other improper motives are complained of, the testimony must 
show such facts conclusively 63 

Transfer. The natural obstacle must be impassable to such a degree as to 
remain an actual impediment to attendance 44 

Tuition. To enable the district in which the children reside to collect tui- 
tion, all the requirements of the law must first be fulfilled 44 

Failing to substantiate a claim to residence, a nonresident may attend school 
only upon such terms as the board deems just and equitable 67 



